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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I am owed money (unsecured) by a non-filing spouse in a community

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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).
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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 5 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"
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 5 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.
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
Ellen and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you for your help
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.