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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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This question is about chapter 7 filing that a famiy member

Resolved Question:

This question is about chapter 7 filing that a famiy member is trying to pursue.
These are some of the facts: living in NJ, about 50,000 in credit card debt, no assets, income of 30,000 (the filer). Married and living with husband in a rented apartment. The filing will be done by one person only and not the husband. Is the husband information required (income, personal assets, etc). can the credit cards go after the husband if i file alone. Dont want to get the husband involved with this as he wont cooperate or provide any info. I think that husband has some savings in 401k of about 10,000 and income of about 30,000. Dont have any joint assets with husband, but again dont want to get him involved.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 1 year ago.
Hi JACustomer,
1) Are the credit cards in your name only, is your husband also an account holder (not an authorized user)?
2) How many are in your household?
3) Do you and your husband maintain separate "households", even though you are living in the same apartment?
Customer: replied 1 year ago.

1)all the credit cards are in the wife's name. husband has his own credit cards.The husband is not an authorized user in any of the account. wife is not authorized user in any of husband's accounts.

2)the household is composed of two (husband and wife)

3)husband and wife live in same apartment but are in different rooms-they are kind of separated but still married and sharing the rent expenses

Expert:  cfortunato replied 1 year ago.

They can be maintaining separate households even though they are sharing the expenses.

Last question:

Are they eating meals together?

Customer: replied 1 year ago.
Husband and wife dont eat meals together
Expert:  cfortunato replied 1 year ago.

Given the information you provided, since the couple is maintaining separate households, the wife does not have to include any of the husband's financial information if she files a Bankruptcy.

 

I think this is what you wanted to know. If not, please let me know.
Thank you.

Customer: replied 1 year ago.
When you said separate households, do you mean separate rooms? The wife and husband live in the same apartment but each have their own bedrooms.
Also, I wanted to know if wife files for chapter 7, wouldn't wife creditors go after husband?
Expert:  cfortunato replied 1 year ago.

1) The main factor that determines whether a married couple are maintaining separate households is whether they are sharing meals.

2) As New Jersey is not a Community Property state, the husband cannot become liable for his wife's debts - whether or not she files a Bankruptcy.

cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
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