[CLBS] Joining a Debtor

[rgreenwood at greenwoodlaw.com]

I no longer practice law and this may not be current, but I don't think
things have changed.
Did not try to join spouse post petition while I was practicing and do not
know if it is possible.  Even if it is, doubtful it will protect her from
claims to "her property" by the trustee. Property of the estate is
determioned at the time of filing.  If she was in possession of community
property at tiem of filing, it became property of his bankruptcy estate. 
She cannot claim exemptions and would no longer own it as of time of his
filing.  There are a couple of Idaho BK case out there that discuss this,
but can't give you cites off the top of my head.

 Good luck.

Dick Greenwood

Original Message:
-----------------
From: Tyler McGee Tyler at twinfallsattorneys.com
Date: Wed, 19 Dec 2012 16:03:19 +0000
To: clbs at admws.idaho.gov
Subject: [CLBS] Joining a Debtor


Husband and wife have been separated for quite some time, husband was
dealing with lawsuits, garnishments, levies, etc and filed chapter 7
bankruptcy. He would have filed with his wife, the offer was made, but she
refused at the time. The 341 meeting has come and gone and now the wife
wants to see if she can join herself to the husbands filing. I presume she
wants to do this because now the trustee is interested in her property,
accounts, etc. Has anyone ever joined a debtor after the fact? If so how
would one go about doing this?


Tyler J. McGee

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