Expert: Mark J. Markus- California Bankruptcy Attorney - 6/15/2010

Question
My husband and I received a bifurcated divorce. During the attempt to settle the marital assets we lost our house, which the court had ordered him to maintain, to default and foreclosure. Since our separation he has run up literally 200,000 dollars in debt. And he was also remarried. I am preparing to file a chapter 7 and he was told by his attorney that he made too much money to file 7, so he was told to file chapter 13. He called me tonight and told me that his atty informed him that I now would not be able to file Chapter 7 because his income is going to be imputed against me. How is this possible? He is remarried and has run up substantial debt during that marriage. I make roughly $60,000 year and so does he. How can I be forced to repay his debt, that is separate from our marital assets and liabilities? Is this correct? Is there a loophole that is going to force me to repay his debt and take away my ability to file Chapter 7 even though he may have to file only Chapter 13? HELP!!!

Answer
This is purely a matter of the property laws of whatever state you are filing your bankruptcy case in, but once you were divorced or legally separated, his income would not be included in your analysis.  Income received in the 6 months prior to filing is relevant, so if you were still married and not legally separated under the laws of your state within the past 6 months, then it is arguably possible that a portion of his income for that period would be included, but you haven't provided all that information.

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