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I am looking at the Application to go Bankrupt – Why must you identify the name of your common-law spouse if they have nothing to do with the Bankruptcy? What I find even more alarming – Is on the Statement of Affairs that is sent out to all Creditors which is also a matter of Public Record including Credit Bureau names your Spouse? Please explain – Thanks,

One Response to “Spouse”

Barton Goth GCO Bankruptcy Trustees said...

You are required to disclose to your trustee you personal and family circumstances as this information is requried during the administration of a bankruptcy (i.e. determining if there is any surplus etc.).

Not all this information is listed on the Statement of affairs, nor is it sent to all your creditors. What you will find is that the statement of affairs only contains your spouses name and the number of people in the the household. The only other place family information is displayed is on the Income an Expense Statement where it displays household income.

So not all the information is provided to the creditors, but it doesn’t change the fact that these forms are requried by statute, must be completed in full and failure to do so may prevent a debtor from being eligible for discharge. While I do see where you are coming from, it is simply a requirement that must be fulfilled.