When I meet with a married couple that are considering a Chapter 7 bankruptcy, one major consideration that needs to be addressed is whether or not to file for both, or only one of the spouses. I practice in Louisiana. Louisiana is a community property state. This means that all the assets acquired after the [...]
Marriage and Debt
There’s a good recent post here on the Bankruptcy Law Network about non-filing spouses — Springfield, and Marlborough, Massachusetts’ attorney Jed Berliner’s article on “non-filing” spouses. He wrote about the impact on the means test. There are more implications, at least when you are in a state like New Mexico, with community property and community [...]
The shocking realization is that your spouse might have to contribute to your Means Test-required payments even if you file alone. You aren’t happy about this at all. ”But they’re my debts. Why should my husband or wife have to contribute?” Because that’s the law. Your income includes all regular contributions to the household expenses [...]
An Oregon attorney, Derrick McGavic is being disciplined for FDCPA violations as announced by the Oregon Attorney General’s Office this week. Derrick McGavic, a Eugene, Oregon attorney whose law firm sued consumers for credit card companies and debt collectors, agreed to submit his resignation to the Oregon State Bar. In addition, McGavic & Finney, [...]
The Defense of Marriage Act [DOMA] , 1 U.S.C. 7, defines the word spouse in federal law to only include a person of the opposite sex. DOMA has been cited to preclude same sex married couples or couples joined by same sex civil unions from jointly filing bankruptcy. A February 23, 2011 order from President [...]
Of course you love your sweetie. Honeybunches is your best baby. And I’m sure that snookums is true blue to you in every way. Have you checked your credit? Financial infidelity is a leading cause for divorce, not to mention bankruptcy. For better or worse, your marriage is a financial partnership as well as a [...]
