Chapter 7 spouse not filing with me, her brother paid off herCC debt that was in her

[Hlc]

I plan to file chapter 7 in about 45 more days ( will be six months then ) My spouse is not filing with me. She has no income and has not worked in years. She had around $ 38,000 in CC debt in her name only that her brother paid off for her. The debt that I'm filing BR on is in my name only.

Question - My spouse's brother paying off her CC debt will not have any impact on my filing will it?

[Hlc]

Help with my post

If someone can answer my question I would appreciate you very much.

[tcreegan]

Hi Hlc,

....patience my friend, patience, the Patriots-Jets game wasn't a blowout, interesting all the way through...

If you are filing alone, and the accts weren't joint accts, your b-in-law paying wifes' debt should have no effect.

Good luck w/ your filing,

Tom in Colo

[SunshineGal]

Hate to disagree with Tom, but I would ask your attorney about this...it just may count as household income if the accounts were paid off in the last 6 months.

[tcreegan]

........it just may count as household income if the accounts were paid off in the last 6 months. ...good thought Sunshine, I assumed they were old, pre-marriage accounts.....kinda my default when I hear "in her name only" During the marriage for household expenses....whole 'nother can o' worms....

And you are right on, best to run this past an attorney.....hate to make a 38K mistake on a BK

Tom in Colo

[Hlc]

Thanks, I ran this by my attorney and the answer is - NO it will have no effect.