If a file a Chapter 13 and my wife is on a loan, does she need to file as well?

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If a file a Chapter 13 and my wife is on a loan, does she need to file as well?

Asked on March 27, 2012 under Bankruptcy Law, Arizona

Answers:

Lynn Osborne

Answered 9 years ago | Contributor

Since it is a Chapter 13, and if it is a secured debt that will be paid in full, she does not need to file.  Your question is loaded and there are a great deal of "if" "then" scenarios that could occur.  

Terri Brown / Terri L. Brown, LLC

Answered 9 years ago | Contributor

It is preferable for both spouses to file together.  Unless she has debts that she does not want to have included in the bankruptcy, it would be beneficial to clear the debt for both of you.  If the debt is joint, she would then become liable for any portion you do not pay.  You may be defeating the purpose of filing the bankruptcy if your "family" finances are not left in a better postition at the end.

Malcolm Ruthven / Malcolm Ruthven, Bankruptcy Attorney

Answered 9 years ago | Contributor

She does if she wants to have her liability for that debt discharged (eliminated) in that bankruptcy case.


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