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My wife file chapter 13 bankruptcy and I did not. I am assuming all joint debt as well as my own. But the trustee wants more????
Indianapolis, IN
Viewed 268 times.
Posted 5 months ago in Bankruptcy / Debt
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As a non filing spouse in Indiana what are my rights? Should I get an attorney? I have agreed to assume all joint debt (even though I never signed for some of them) as well as continuing my own obligations. If we were to get a divorce and she changed her bankruptcy to chapter 7 then we remarried after the filing would we be in violation of anything?
I'm willing to pay for any an all debt that is in my name or is joint. But I absolutely refuse to let any of my income go to a creditor that foolishly gave ridiculous amounts of credit to someone (my wife) who's income was not sufficient enough to reasonably expect full repayment the debt. The total payments on just her debt (not counting joint debt) was 50% more than she earned in income. Needless to say I’m not very happy about this Answers (2)
Robert W. Kovacs Jr.
This attorney is licensed in Massachusetts.
Posted 5 months ago.
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I am not licensed in your state but I can offer some general advice.
There are a couple of different issues here and I will try to address them one at a time. As for the debts, your wife, at the end of her case if she is able to finish the chapter 13 plan will get a discharge of most if not all of her debts. That means she will no longer legally have to repay them. Joint debts will be discharged for your wife, however you will have to continue to pay them after the bankruptcy. As for why your income is listed in the bankruptcy, the bankruptcy laws are clear that you have to include all income from whatever source for the household. So there is no way to separate a husband’s income and a wife’s income it is household income. But this does not mean you are legally responsible to pay the debt. This is just how the Court will look at income. If you do separate prior to a divorce your wife may no longer have to count your income. Also, it is typically a good idea to have the bankruptcy completed before filing for divorce. However, this is not always possible. You should consult a local attorney to better understand the laws of your state. Good Luck. Robert Kovacs 
Jeffrey Daniel Larkin
This attorney is licensed in California.
Posted 5 months ago.
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I agree with Mr. Kovacs answer but would add that you could run into trouble if you and your wife divorce just so she would be eligible to convert her case and discharge her debt. If your intent is to separate or divorce for other reasons that is fine but there are bad faith issues that come into play otherwise.
LEGAL DISCLAIMER Mr. Larkin is licensed to practice law in CA and is located in San Diego. His response here does not constitute legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Larkin strongly advises the questioner to confer with an attorney in their own state to acquire more information about the specifics of their case. |
