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Ch 7 married but filing alone in california

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  • Ch 7 married but filing alone in california

    I am anxiously awaiting my 341 and keep asking myself what if this! Or what if that!? I filed chapter 7 without my husband and I felt like I completed all the forms very thoroughly with my information. However, while doing all the paperwork, I did not include my husbands credit cards or bank accounts. After reading through these forums I'm worried this may affect my discharge and I wonder what my trustee will say about his during my 341 which is in about 2 weeks. He had all his credit cards before we got married and for the most part we used my credit cards for most of the things we bought. Any thoughts about this? Recommendations? Tips!? I'm stressing out about this

  • #2
    Did you include his income? Why isnt he filing?

    Either way, i would consult an attorney to discuss the impact of this action, as well as the proper way to correct.

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    • #3
      He's in medical school so he has no income. We decided for him not to file since it may affect his licensing once he graduates. I did include his financial aid as well as property we both own like our cars and things like that.

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      • #4
        Originally posted by Calimom88 View Post
        I am anxiously awaiting my 341 and keep asking myself what if this! Or what if that!? I filed chapter 7 without my husband and I felt like I completed all the forms very thoroughly with my information. However, while doing all the paperwork, I did not include my husbands credit cards or bank accounts. After reading through these forums I'm worried this may affect my discharge and I wonder what my trustee will say about his during my 341 which is in about 2 weeks. He had all his credit cards before we got married and for the most part we used my credit cards for most of the things we bought. Any thoughts about this? Recommendations? Tips!? I'm stressing out about this
        As I am not an attorney, don't take my reply as legal advice. I understand your reason for not wanting to include him, but I am concerned about the sections that I highlighted. Specifically, if he deposited money into his bank account since you were married, or made any type of purchase on his credit card after marriage, my understanding is that it's generally all community property. Failing to list these accounts may be required.

        Then there's the question of if he is at risk due to not receiving a discharge on debt you incurred during marriage. It would seem to me that it's pretty easy to determine when you got married vs. when the purchases/deposits were made.

        The best I can do is refer you to the below post (if you haven't already read it), and advise meeting with an attorney in your area to discuss the specific aspects of this concern. Many offer free consultations.

        Filing Married/Separate in California. Community property confusion!


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        • #5
          Thanks leonel9! I actually did read that post and it spurred me to make an account and post my own questions. It seems that if I wait till my 341 and not take action I'll have to list my husbands credit cards anyways? If I have already filed all the paperwork can I still add onto it before my 341?

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          • #6
            I should also mention, me and my husband did discuss us still paying off his credit cards during and after the bankruptcy which we are ok with. We are also ok with no having his credit cards discharged. Would I still have to list these on my filing?

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