Married but live apart and filing for Chapter 7 Bankruptcy in Oklahoma?
Form B 22A
Married, not filing jointly, with declaration of separate households. By checking this box, debtor declares under penalty of perjury: “My spouse and I are legally separated under applicable non-bankruptcy law or my spouse and I are living apart other than for the purpose of evading the requirements of § 707(b)(2)(A) of the Bankruptcy Code.”Complete only Column A (“Debtor’s Income”) for Lines 3-11
3 attorney answers
Schedule H requires that yo list all co debtors, and their names and addresses are included on the matrix, which controls who gets notice of filing.
Bankruptcy requires review of your entire financial situation including all debts, income and assets. I highly recommend that you seek representation from an attorney in your jurisdiction who is experienced in bankruptcy law. I respect that you have done some research. However bankruptcy includes numerous procedural and legal challenges for which you need an experienced bankruptcy attorney.
This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
If you are separated, then your husband's information is not included in your bankruptcy. However, you must include him as a co-debtor on the car and he will be notified (he is entitled to it). You can reaffirm your obligation if you and the creditor agree on it.
I hope this helps. Consult a local bankruptcy attorney for more information specific to your case.
[This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]
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Your husband would not have to be a part of the bankruptcy but you do have to list him as the co-borrower on the vehicle which means he gets notice of your bankruptcy filing. You should consult a bankruptcy attorney in your jurisdiction, dont try to file on your own
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