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My wife going to file a ch7 and include all debts (mine includes) AZ is community prorty. Can they still come after me?

Phoenix, AZ |

I field chapter 7 5 1/2 yearss ago before i met my wife. We are now in the midst of possibly losing the house (her name only i signed away my rights on some type of deed at closing) I have been told two different stories by to dffferent attorneys. MY question: In AZ if my wife files chapter 7 & includes her and my debts and they get discharded can they attach anything. Its my understanding that my wages will still by protect as they are community property and just about anything else i own while married and living in Az is protected as there is no sole asset that i have everything we have is community property. Please help

Attorney Answers 1

Posted

Actually, it is the opposite. A single filing spouse subjects all of the community property to the estate, and your interest in that property is not protected to the extent that you do not have an exemption for that part of the community property. For instance, if you have three cars, each worth $5,000, you and your wife would get the $5000 exemption for one car each. If you and your wife only had one $5000 car, you would lose your exemption for a vehicle since there is no vehicle.

As to your income, all of your income is imputed to your filing spouse for Means Test purposes, but it is not separately attachable per se.

Good luck, and feel free to look at my website for some more answers to your questions:

www.bkminute.com

Matthew Ellingson

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