Legal Question in Bankruptcy in New York

Filing bankruptcy while married

With the new laws, if married and one partner files for ch. 7 how does this affect their spouse. Will their spouse's income be affected? How will it affect married-joint income tax filing, and is there a difference if they file married seperate? Would the other spouse be safer if they filed seperately, and is their tax filings subject to ch.7 bankruptcy?


Asked on 2/14/06, 7:52 am

2 Answers from Attorneys

Jay Fleischman Shaev & Fleischman LLP

Re: Filing bankruptcy while married

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Answered on 2/15/06, 9:43 am
Al Greene Law office of Al Greene

Re: Filing bankruptcy while married

In general, under the new law, your spouse's income must be considered part of the equation when filing. If one spouse files and the other doesn't, in general, there should be no impact on the nonfiling spouse. If you want to contact me, I'd be glad to discuss your situation.

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Answered on 2/26/06, 11:03 am


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