If I am in Chapter 13 and my wife has not filed, am I liable any debt that she incurs since my filing?

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If I am in Chapter 13 and my wife has not filed, am I liable any debt that she incurs since my filing?

Asked on August 1, 2011 Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The simple answer to this question is no, as long as the debts that she is incurring are in her name only. But the matter is not as simple as one might think with regard to funds available for a repayment plan.  You have one household so your spouse’s earnings count in all of this. A spouse’s separate expenses, like personal credit card bills, are considered just that: separate. But the money that will be left over after individual debt is deducted will be considered disposable income and therefore will be considered  available, at least in theory, to pay the filing spouse’s debts. Good luck to you.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The simple answer to this question is no, as long as the debts that she is incurring are in her name only. But the matter is not as simple as one might think with regard to funds available for a repayment plan.  You have one household so your spouse’s earnings count in all of this. A spouse’s separate expenses, like personal credit card bills, are considered just that: separate. But the money that will be left over after individual debt is deducted will be considered disposable income and therefore will be considered  available, at least in theory, to pay the filing spouse’s debts. Good luck to you.


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