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 may not be a debtor under the bankruptcy code. However, the spouse of a deceased person may file bankruptcy and protect themselves against potential liability from shared debt with their former spouse.
Joint debt is debt held in both spouses' names. The filing spouse should list all joint debt, even if it was shared with the deceased spouse.
Community debt is debt that one spouse incurred during the marriage that the other spouse may be held liable for, even if it is not in their name. If you reside in a community property state, you should list all debt incurred by your spouse during the marriage that may be considered community debt.
You should include all individual debt held in your name. However, you may not list individual debt held by your deceased spouse unless there is some way you may be held liable for it.
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.
