Legal Question in Bankruptcy in Ohio

Adversarial proceedings and joint chapter 7

Debtor filed a joint petition for Chapter 7. I am a creditor and consider filing adversarial proceedings to challenge the debtor�s discharge. But it is a joint petition, and I have no claim against the debtor�s spouse, only against debtor. Should I be concerned about their joint status when I file adversaries against debtor? Motion to split their joint case cost $750; no way can I afford this.

Maybe debtor can, but I don't know. Please let me know your thoughts.

thank you so much in advance


Asked on 1/26/09, 10:19 am

1 Answer from Attorneys

Mina Khorrami Mina Nami Khorrami, LLC

Re: Adversarial proceedings and joint chapter 7

Hi and thank you for contacting the LawGuru! When you file your adversary, you can just file it against the debtor, not the joint debtor. I hope this answers your question. Please contact our office if you have any questions or if we can help you further. Thank you!

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Answered on 1/26/09, 1:32 pm


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