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Chapter 13 - Non-filing spouse (community) debt
The code requires that they be listed. 521 requires the debtor to file a schedule of creditors. 101(10)(C) includes as a creditor an "entity holding a community claim".
Unless there is a valid prenup saying otherwise, all the debtor's income is community property and is thus liable for the husband's debt. As such, not only should they be listed, but the payment of those debts should be part of the plan.
As H is not filing bankruptcy, the bk should not show up on his credit report. If it does, he can dispute it and get it removed. Others may know more about the CR issues than I, so there may be a better answer than mine.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Ph: 626-449-8433
Fax: 626-449-0565
Email: pat@fitzgreenlaw.com
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Chapter 13 case with the 100% repayment plan to debtor's generals only. Her
spouse doesn't want to file and to list his (community) debts to preserve
his credit. Has anyone tried to get the plan confirmed this way over the
Trustee's objection?
Any thoughts on this are greatly appreciated!
The post was migrated from Yahoo.