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

UPDATED: Aug 28, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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