Phoenix, AZ asked in Bankruptcy for Arizona

Q: If I am married and file for bankruptcy, does it affect my spouse or are my debts counted separately from hers?

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1 Lawyer Answer
Leonard Sominsky
Leonard Sominsky
  • Bankruptcy Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: Since Arizona is a community property state, all your and your wife's community debts accumulated during the marriage are included in the Bankruptcy. I am assuming you are filing without your spouse for a good reason as the Trustee will be asking. Her debts she has accumulated prior to the marriage are not included. The same analysis applies to her assets, that is, all of her things acquired during the marriage are community property and should be listed in the Bankruptcy schedules. Hope this helps answer your question. These kind of case can raise all sort of red flags for the trustee, so you should consider getting a consultation with an experienced attorney before filing.

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