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Category: Bankruptcy Law
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Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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If a debtor filling a chapter 7 BK who is married however filling

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If a debtor filling a chapter 7 BK who is married however filling alone and the homestead exemption reads "husband and wife can double" will he still be able to double the exemption even though he is filling alone? Both names are XXXXX XXXXX deed.


Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on


If you are married and file a joint bankruptcy petition with your spouse, you may be entitled to double certain exemptions on your assets,


this is done to not penalize married couples, so if only one spouse files, you would only be given the regular exemption, if you file a joint petition it would double.

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