Q: Can my non filing spouse pay cash for a motorcycle while I am in a chapter 7 bankruptcy?
I have filed chapter 7 bankruptcy (not discharged yet), my wife is a non filer. Can she pay cash for a motorcycle she wants while I am in chapter 7, and not it affect my bankruptcy?
A:
Did you file your bankruptcy with counsel? If so, that lawyer is your best source of advice, because your question gives no factual background, e.g., what info is in your schedules, and whether a decision has yet been made about whether your filing is an abuse of the bankruptcy process, e.g., whether she contributes to your costs of living, claims you as a dependent, etc.
That said, a non-filer should be free to dispose of income/acquire assets as her situation permits.
Talk to your bankruptcy attorney about these issues. If you've filed pro se, your best course is probably to ask her to wait for a month or two, until your Order of discharge is entered, to acquire the bike.
Timothy Denison agrees with this answer
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