#5 What About My Spouse’s Privacy?
This continues the series “I’m Filing, My Spouse Isn’t-What Happens?” The series is introduced here.
It’s a pity, but your spouse simply won’t have much privacy here. It is part of the “bankruptcy contract” so to speak – you must fully and truthfully disclose, disclose, disclose, and in return you get a discharge from your dischargeable debts. You don’t get to make the creditors “trust” that you have correctly and properly characterized your property and debt as separate from those of your spouse. Your spouse cannot have paid some of your debts for you where those payments, if made directly by you, might have, e.g., impermissibly preferred one creditor over another. Ask your spouse to carefully consider hiring individual counsel to advise and possibly represent your spouse’s interests if there are issues to be careful about.
Earlier posts in this series are #1 Must the Non-Filing Spouse’s Information Be Disclosed?, #2 What if My Spouse’s Assets Are Separate – Must They Be Disclosed?, #3 We Have a Premarital Agreement — What Does That Mean?, #4 We Have a Post Marital Agreement — Does That Change Anything?
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