Non-Filing Spouse's debt
Posted: Wed Jan 29, 2014 5:53 pm
SeeIn Re Kimmel 378 B.R 630 (BAP 9th Cir 2007) and Family Code 910 copy below regarding non-filing spouses discharge.
I have seen a Ch 13 trustee's attorney contemplate a best efforts objection when they saw that credit cards were paid separately by the non-filing spouse.
Debtors counsel was experienced so maybe they know something I do not know.
But I have been told that the reality is that credit card companies usually go after the person that is signing for the credit card.
I am also curious what the argument is for justifying the non-filing spouse's credit card expense in Sch J in a ch 13?
David
910. (a) Except as otherwise expressly provided by statute, the
community estate is liable for a debt incurred by either spouse
before or during marriage, regardless of which spouse has the
management and control of the property and regardless of whether one
or both spouses are parties to the debt or to a judgment for the
debt. (b) "During marriage" for purposes of this section does not
include the period during which the spouses are living separate and
apart before a judgment of dissolution of marriage or legal
separation of the parties.
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To: Bankruptcy Group Attorneys
Sent: Tuesday, January 28, 2014 5:54 PM
Subject: [cdcbaa] Non-Filing Spouse's debt
Dear Listmates:
Chapter 13, married debtor, filing individually, spouse does not want to file for BK. Non-filing spouse does not want to include her creditors in filing spouse'sChapter 13.
Do I have to list non-filing spouses debts on schedule F? If so, would the Plan pay out a dividend to non-filingspouses creditors?
If so, whywould debtor-spousefile individual13since non-filing spouse's debts would not be discharged?
Please advise. Thank you.
Philomena Nzegge
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