What Happens When Only One Spouse Files a Bankruptcy?
Posted on February 05, 2010 It’s never good to make waves in bankruptcy cases. The trustees are used to seeing a particular set of facts, and they are trained to be curious about non-standard sets of facts. So, for instance, when I was at a first meeting of creditors today in Casa Grande, I got to hear the filing spouse sputter when asked 1)WHY his wife didn’t file, and 2)was his wife getting a tax refund, because if so, the trustee wanted it, even if the wife wasn’t filing a bankruptcy, and 3)WHAT ASSETS did his wife own, even if she wasn’t filing?You just KNOW that debtor will be sleeping on the couch for several decades after the trustee takes his wife’s car and tax refund, and whatever else looks like fun, when his wife had told him she wanted nothing to do a bankruptcy…
