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Only One Spouse Filing

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    Only One Spouse Filing

    From what I read on the internet, if one spouse only files Chapter 7 and there are joint debts, that is not a problem, however, the spouse that does not file, will be responsible for the joint debts.
    In speaking to an attorney, he indicated that the trustee will challenge the fact that the filing spouse is trying to remove him or her self from the joint debt.
    Is this a given that in the above scenario, the trustee will always challenge?

    #2
    It is a given. Whenever a debtor is married and is filing without the spouse, the case will receive extra scrutiny. If there is a lot of income in the household, the case will receive very detailed scrutiny. Since you are not in a community-property State, you would be discharged from the debt and leaving your spouse literally holding the bag.

    The issue won't be the (panel) Trustee, but will be the United States Trustee (UST). If you are over-the-median income, expect more scrutiny than an IRS audit. I know that people try to do the single-spouse discharge, but usually they have no joint debts, and only the filing spouse's debt is on the chopping block. It can complicate things when there is joint debt (especially if you subsequently get a divorce).

    The issue is trying to squeeze into a Chapter 7 when your household income, before non-filing spousal deductions, is over-them-media. It invites a lot of scrutiny. The question, when you have joint debt and need to file bankruptcy, is why you don't just file bankruptcy in a joint filing? What does only one spouse filing do to the debt? Nothing. It only protects the filing spouse, and the non-filing spouse is stuck with the debt. In the end, would the non-filing spouse not end up filing bankruptcy eventually?
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    I am not an attorney. Any advice provided is not legal advice.

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