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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38120
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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What Bankruptcy filing status do you use if your spouse dies

Resolved Question:

What Bankruptcy filing status do you use if your spouse dies during the last six months prior to your bankruptcy filing? I know I am allowed to file Married, filing joint for this year only on my tax return and I have to claim his income---but for BK purposes, can I file Unmarried and then exclude all of his income?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 5 years ago.
You can file as unmarried, but you must still disclose your spouse's income during the past six months before filing as part of the bankruptcy schedules - because that income existed prior to your spouse's death. However, the fact that your spouse is now deceased may be good cause for the court to permit you to file a Chapter 7, even though you would ordinarily not qualify.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

Customer: replied 5 years ago.
If you file as Unmarried-Form 22A does not provide or even allow you to list your spouse's income. This is why I was confused. I am willing to pay, but still confused
Expert:  socrateaser replied 5 years ago.
If your spouse is deceased, then you can file as unmarried and exclude your spouse's income during the six months prior to filing bankruptcy. However, on LIne 8, you must include regular payments made by your deceased spouse which contributed to household expenses. If your deceased spouse had regular income, and a portion of that income regularly paid household expenses, then you must include those amounts that actually paid household expenses on Line 8.

So, it would not be all of your deceased spouse's income, but only the amounts regularly paid towards household expenses.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

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