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If I want to file Chapter 13 bankruptcy without my spouse and…

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If I want to file...
If I want to file Chapter 13 bankruptcy without my spouse and he works and
i stay home with 3 kids would they let me do that in nebraska?
Submitted: 8 years ago.Category: Legal
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Answered in 9 minutes by:
6/16/2010
Lawyer: BizAttorney, Attorney replied 8 years ago
BizAttorney
BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2,273
Experience: Over 12 years of business and legal experience.
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Possibly, but it will depend on how much income your husband makes. You must have earnings to be able to qualify for a chapter 13 petition. Since you are married, then you are entitled to half of his earnings, but the trustee will be very skeptical. Courts are already skeptical of situations where one spouse only files for bankruptcy so there will automatically be red flags raised.

If most or all of the debt is in your name only and you have no income, then you may be in a better position to file a chapter 7 bankruptcy rather than a chapter 13, so definitely look at that as an option.

Legally you can use your husband's earnings as your own, so you can file a chapter 13, however if there are too many indications of hiding assets or fraud, then the trustee will not discharge the debt. Good luck!
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