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?
2 Answers from Attorneys
Re: Filing bankruptcy while married
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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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