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  1. #1

    Question Will Your Spouse be Affected By Your Bankruptcy

    My question involves bankruptcy in the state of: Alabama.--- If soon to be ex husband files for bankrupcy ,chapter 13,, is the wife involved or effected? will it go against her as well?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Will Wife Be Effected by Bankrupcy

    Affected.

    The wife isn't automatically brought into the bankruptcy, but it certainly has implications. Note the wife's income is considered in the chapter 13 plan. Also, any joint debts are still the wife's responsibility.

    If you are asking about whether her credit will be hurt. The bankruptcy filing of the spouse won't hurt, but if the joint debts aren't being paid, she's accumulating some derogatory stuff on her report anyhow.

    There's not enough information presented here, but the wife should consult the attorney and see if her also filing (either jointly or separately) makes sense for the situation.

  3. #3

    Default Re: Will Wife Be Effected by Bankrupcy

    he is in his own $17,000 of debts. He is trying to clear himself up .. they dont share any.. he says he filed -seperated and didnt include any info about her .

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Will Wife Be Effected by Bankrupcy

    He should consult his attorney. His IRS filing status doesn't matter much. As stated, he needs to include her income in the filing. Any joint debts are still hers to pay as agreed to with the creditor.

  5. #5

    Default Re: Will Wife Be Effected by Bankrupcy

    so she has to be included regairdless --in some shape ,form or fashion ,,her name is in it ?! even if he claims seperated on bankrupcy forms?!!? her name not associated to any of his debts,, and all the debts collected is in his name soley?? !!!

  6. #6
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Will Wife Be Effected by Bankrupcy

    Quote Quoting Michelle Orr
    View Post
    so she has to be included regairdless --in some shape ,form or fashion ,,her name is in it ?! even if he claims seperated on bankrupcy forms?!!? her name not associated to any of his debts,, and all the debts collected is in his name soley?? !!!
    You are misunderstanding what is being said. The wife does not have to be included at all. Its simply that if there are any joint debts it could impact the wife. Since you are saying that there are no joint debts, then it should not impact the wife at all.

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