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I am owed money (unsecured) by a non-filing spouse in a community

Customer Question

I am owed money (unsecured) by a non-filing spouse in a community property state. I understand that a filing spouse in a community property state may list debts of the non-filing spouse that were incurred during the marriage, and same will be discharged. My question is: can I file a proof of claim in the filing spouse's bankruptcy if the debt owed to me by the non-filer is listed in the schedules? (assuming proofs of claim are permitted in the filer's case).
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  FiveStarLaw replied 2 years ago.
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Yes you may file a proof of claim in the filing spouses bankruptcy. That said, the nonfiling spouse will remain liable for any unpaid portion of the debt


I think this is what you wanted to know. Please let me know if I have answered your question or whether you would like further information

Customer: replied 2 years ago.
Would you please clarify what you mean by "That said, the nonfiling spouse will remain liable for any unpaid portion of the debt"
Expert:  FiveStarLaw replied 2 years ago.
It is my pleasure to clarify.

Regardless of the fact that the spouse has filed bankruptcy, the nonfiling spouse will continue to owe the debt to you.
Customer: replied 2 years ago.
I thought that if the filing spouse lists a debt of the non-filing spouse in the schedules IN A COMMUNITY PROPERTY STATE, the non-filing spouse's listed debt is also discharged. (because if non-filing spouse's debt was incurred during the marriage, it is considered community debt). I agree that the non-filing spouse will still owe his debt in a non-community property state.
Expert:  FiveStarLaw replied 2 years ago.
That is not correct. The filing spouse may only discharge the filing spouse's liability on the debt. The nonfiling spouse's liability will not be affected EVEN in a community property state.

The difference between the community property state and the noncommunity property state, is that the the nondebtor spouse is also liable for a debt incurred during the term of the marriage. In this situation the nondebtor spouse is actually the filing spouse and therefore the non-filing debtor spouse remains liable
FiveStarLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36554
Experience: Bankruptcy Lawyer. Experienced.
FiveStarLaw and 5 other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you for your help
Expert:  FiveStarLaw replied 2 years ago.
It has been my pleasure to work with you
Please let me know if I can assist you in the future by requesting me directly.

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