Full question:
My husband passed away in 2007, I need to file a chapter 7, some of the debts are in his name. Should I file in both our names ?
- Category: Bankruptcy
- Date:
- State: Arkansas
Answer:
A deceased person cannot be a debtor under the bankruptcy code. However, you can file for bankruptcy to protect yourself from shared debts with your deceased spouse.
If you have joint debt, you should include it in your filing, even if it was shared with your late husband. If you live in a community property state, you must also list any debts incurred by your spouse during the marriage that you may be liable for, even if they are not in your name.
Include all individual debts in your name. You cannot list your deceased spouse's individual debts unless you might be held liable for them.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.