The Marital Adjustment: A Non-Filing Spouse’s Cooperation is Required

By Ken Siomos, Staff Attorney to Chapter 13 Trustee John H. Germeraad (Springfield, IL)

The passage of the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”) resolved questions under the prior law as to whether, and to what extent, a non-filing spouse’s income was relevant to a debtor’s bankruptcy case.i Under BAPCPA, a non-filing spouse’s income is relevant to the extent that it is regularly contributed toward the household expenses of the debtor and the debtor’s dependents.ii To determine this contribution, a . . .

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