Can my Chapter 7 no asset case be dismissed because I cannot provide legal separation or divorce documentation?

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Can my Chapter 7 no asset case be dismissed because I cannot provide legal separation or divorce documentation?

We live separately in different states. Trustee is pressuring for legal proof of our “separation” and my wife and I are not ready to commit to either in this moment. I checked this box on Means Test. “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.”

Asked on August 28, 2012 under Bankruptcy Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you cannto provide the bankruptcy trustee with proof of your and your wife's legal separation it is entirely possible that the bankruptcy court based upon the trustee's recommendations could very well dismiss your bankruptcy filing. The reason is that if you cannot provide such proof, then the assets and liabilities in your presumably filed schedules need to be augmented to include those of your wife's as well.

As such, I suggest that you consult with a bankruptcy law attorney to assist you in your matter.


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