Protecting your assets and the new bankruptcy law

Part Seven

Unhitch

Under the new Federal bankruptcy law, even if only one spouse files for bankruptcy, the other's future earnings might still be at risk. For instance, let’s say that one spouse income from a job supports the family, while the other spouse is running a struggling business. If the entrepreneur goes bankrupt, some of what the solvent spouse has spent on the family is imputed as income to the bankrupt one, which makes the bankrupt spouse ineligible for a Chapter 7 fresh start, and it could boost the amount he must pay each month for five years in Chapter 13. The cold-hearted solution: Prior to filing for bankruptcy, you should file for a divorce.

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