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Married but live apart and filing for Chapter 7 Bankruptcy?

Discuss the legalities of Bankruptcy Law

Married but live apart and filing for Chapter 7 Bankruptcy?

Postby colfre » Sun Apr 03, 2011 7:32 pm

I live in Oklahoma and am married but have been living apart from my husband for several years with my daughter and have been filing head of household on my tax returns. I would like to know how I would file chapter 7 bankruptcy? Does my husband have to be apart of the legal process? I have only one asset which is my car. My husband is the "owner" and I am listed as the co-borrower but I am the one who actually owns the car and makes the payments. I have been behind on my payments but have recently caught up and i would like to reaffirm the car loan? Here is the bankruptcy law that pertains to this:

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.”

Here is the link to the bankruptcy form I found this on:
http://www.uscourts.gov/rules/BK_Forms_08_Official/Form_22A_1208_Combined.pdf
colfre
 
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Married but live apart and filing for Chapter 7 Bankruptcy?

Postby ricki » Sun Apr 03, 2011 7:35 pm

You can file chapter 7 seperately. It might appear on his credit though because you are legally married.
ricki
 
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Married but live apart and filing for Chapter 7 Bankruptcy?

Postby gobrwy » Sun Apr 03, 2011 7:36 pm

Filing bankruptcy is not an easy process and there are lots of forms to be filed and do it on your own has always some missing factors... not sure your situation would allow this, but you might better talk to the lawyer or accountant, I know it will cost but better do it now than ending up paying more..
gobrwy
 
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