#6 My Spouse Does Not Want To Cooperate! What Do I Do Now?

09 Feb #6 My Spouse Does Not Want To Cooperate! What Do I Do Now?

#6 My Spouse Does Not Want To Cooperate! What Do I Do Now?

This continues the series I’m Filing, My Spouse Isn’t-What Happens? The series is introduced here.

First, take a breath. The primary point in a bankruptcy is your good faith to fully and truthfully disclose all required information. You cannot make your spouse cooperate – you might even be living in separate households and separate states and “divorced” but for the legal paperwork declaring so! Document your efforts to get the information, and be prepared to present the evidence of your efforts. In bankruptcy, you deal with the facts whatever they are – messy facts are common and often just part of the process. If the facts are complicated, be prepared to explain why and how. And be realistic – don’t expect that leaving one voice message on your non-filing spouse’s phone is enough effort to demonstrate your good faith.

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?, #5 What About My Spouse’s Privacy?

Gini Nelson is a Santa Fe, New Mexico bankruptcy lawyer who helps people file (or avoid) chapter 7 bankruptcy.

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Jay S. Fleischman is a bankruptcy lawyer with offices in Los Angeles and New York. He can often be found on Google+ and Twitter, where he shares information about consumer protection issues and personal finance.
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