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Brent Blanchard
Brent Blanchard, Bankruptcy Attorney
Category: Bankruptcy Law
Satisfied Customers: 1975
Experience:  Twelve years experience in all aspects of debtor & creditor BK.
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My spouse filed for bankruptcy. His trustee has requested any

Resolved Question:

My spouse filed for bankruptcy. His trustee has requested any and all monetary accounts in my name. My spouse has a private debt for $49,000.00 included in this bankruptcy.

Who can view these documents once I submit them?
Can the person he owes the $49K, or other debtors in this bankruptcy take the amount of debt he owes from me, if I have the money in my accounts?
Can I be held liable to pay for his debts?
Can the court system make me pay for his monthly bankruptcy payments?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Brent Blanchard replied 7 years ago.
Even in bankruptcy, there remains some level of financial privacy.

Normally, no one outside the Trustee's office sees financial records. The only way they usually become "public" is if there is a dispute/problem and relevant page(s) are filed with court documents as exhibits.

If there is a concern about privacy if the documents are likely to be used in later court filings, one can either negotiate with the Trustee for a stipulation and order to have the documents filed "under seal". If that doesn't work, one could file a motion with the court asking for an order that any future filings of such exhibits be done under seal.

As it is, account numbers and social security numbers are supposed to be redacted from all court filings anyway.

Before any creditor, BK filing or not, can go after a spouse for a debt unilaterally contracted for only in the same of the other spouse ONLY if the debt was for "community" expenses in a community property state, or for "marital" expenses clearly benefiting the household in traditional property estates.

"Monthly bankruptcy payments" in your other question makes it sound like a Chapter 13 case. The total household income calculations, depending on the circumstances, may include considering "his half" of your income as available for the Plan payments. Remember that the Plan payments are calculated AFTER deducting approved allowances for living expenses. However, the BK court does NOT have any jurisdiction over a person who is neither a Debtor or a Creditor under the BK code.

Thank you.
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