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Chapter 7 Question

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by0b

Member
California
This past January, my wife and I filed for legal seperation. Next April, I will be entittled to file chapter 7. (8 years since last filing). I have almost $800,000 in judgments against me for my self proprieter business failing during the recession. All of the debts and loans were in my name only. I no longer have any assets. Since I am legally seperated, Can I file chapter 7 alone or must it be a joint filing since I was married during the time the debs occured?
 


Who's Liable?

Senior Member
California
This past January, my wife and I filed for legal seperation. Next April, I will be entittled to file chapter 7. (8 years since last filing). I have almost $800,000 in judgments against me for my self proprieter business failing during the recession. All of the debts and loans were in my name only. I no longer have any assets. Since I am legally seperated, Can I file chapter 7 alone or must it be a joint filing since I was married during the time the debs occured?
You can file separately, however if CA is a community property state, she is liable for those debts as well. All financial responsibility would than fall on to her.

Which is why BK for divorcees always involves both parties in community property states.
 

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