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Should a married couple file a joint Chapter 13 petition?

April 26, 2017Chapter 13 Couple file Joint married petition

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Should a married couple file a joint Chapter 13 petition?

3 Answers

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If both the husband and wife owe a significant amount of money, they may wish to file jointly under Chapter 13, even if only one of them has income. Otherwise, the non-filing spouse could still be liable for the unpaid debts.

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The law says that all of a debtor’s “disposable income” received during the time of the plan must be paid to the trustee. The law defines “disposable income” as all income earned or received by the debtor that is not reasonably needed for the support of the debtor and the debtor’s dependents or domestic support obligations.

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Posted

If both the husband and wife owe a significant amount of money, they may wish to file jointly under Chapter 13, even if only one of them has income. Otherwise, the non-filing spouse could still be liable for the unpaid debts.