QUESTION

I am married, however I wrote I was single on my chapter 7 bankruptcy papers

Asked on Oct 03rd, 2013 on Bankruptcy - Arizona
More details to this question:
My wife & I do not share any debts, and never have. Her name is not on anything at all. Not taxes, not credit cards, not loads or other assets. Her last & legal name is even different. At this point I have already filed my chapter 7. Should I continue worrying about this and leave the situation alone. Or should I state I'm married although we share nothing? Can my trustee find out my marital status beside what I've already stated?
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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Arizona is a community property state, so most likely any debts incurred during the marriage, and any assets purchased during the marriage, belong to both of you as long as you're married.  It has nothing to do with whose name things are in. Aside from that, you have Schedules "I" and "J" (income and expense) and the Means Test in which you are required to include your wife's income, regardless of which state you filed in.  If you intentionally failed to include that you have committed fraud which is punishable by jail time and loss of your discharge (these cases are investigated and prosecuted by the US Dept. of Justice and F.B.I.) So, in short, yes you should amend your bankruptcy papers so they are correct.  And you should hire a qualified bankruptcy attorney yesterday to help you do that and fix other errors because the mere fact that you're asking this question is an indication that many other potential problems exist. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. 
Answered on Oct 03rd, 2013 at 5:47 PM

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