General Information

What is bankruptcy?

Does the Bible condemn bankruptcy?

Who may file a bankruptcy?

How do I know if I am eligible to file for bankruptcy protection?

Does my spouse have to file with me?

If my spouse is not filing with me, why do I have to provide my spouse's income?

How long does it take?

When will my creditors stop calling me?

What is the difference between Chapter 7 and Chapter 13?

What is a discharge, and what debts are discharged?

What debts are not dischargeable?

How can I pay my back taxes?

What is the Automatic Stay and how does it affect creditors?

I heard about your firm from a letter I received in the mail. How did you get my name and address?

Do I have to come to your office to take advantage of the free initial consultation?

Chapter 7 Information

What is Chapter 7?

Will I be able to keep my property?

What if I have a savings account that is joint with my child?

Is a Section 529 Education IRA for my child protected?

What does it mean to reaffirm a debt?

Can I continue to use my credit cards until I file Chapter 7?

Can I keep a credit card if I file Chapter 7?

What about debts I incur after I file Chapter 7 Chapter 13?

Chapter 13 Information

What is Chapter 13?

When is filing Chapter 13 better than filing Chapter 7?

What is a Chapter 13 Plan?

What debts are paid through the Plan?

How long will I be in a Chapter 13 Plan?

What if I am in a Chapter 13 plan and I can't make my monthly payment?

What are my alternatives to filing bankruptcy?

How do I know which Chapter to file?

How do I know when I need to file?

What are the effects on my credit?

How can I repair my credit?

What are the fees involved in filing?

What are the fees involved in filing?

What happens at the Meeting of Creditors?

What happens after the Meeting of Creditors?

Will I receive a 1099 from the IRS for forgiveness of debt?

What happens to frequent flyer or award points associated with a credit card?

Can the IRS or a private creditor garnish Social Security Disability payments?

How long can I stay in my house if it is being foreclosed?

I have been offered money for the things in my home such as appliances, light fixtures, cabinets and countertops - is it legal for me to sell these things?

I need a home loan modification - should I do this before or after filing?

Can I discharge my student loans?

If I have previously filed a Chapter 7,when can I file again?

Should I change the amount of tax withheld from my check?

What is bankruptcy? Simply put, bankruptcy is a legal mechanism for dealing with personal or business debts, and the creditors to whom those debts are owed. Bankruptcy is a proceeding in Federal court begun with the filing of a petition disclosing an individual's or company's assets and liabilities. At the conclusion of the case, some or all of the debts involved will be discharged or canceled. The bankruptcy laws give the debtor enormous protection from creditors, but also attempts to strike a balance between the debtor's right to a discharge and the creditors' right to be repaid.

The terms Chapter 7, Chapter 11, Chapter 13, refer to specific sections of the United States Bankruptcy Code dealing with bankruptcy. Chapter 7 is often called straight bankruptcy or liquidation. Chapter 13 is thought of as a debt consolidation and repayment plan; and Chapter 11 usually refers to reorganization of business debts by a partnership or corporation. (Chapter 12 is devoted to family farmers and is not covered on this site).

Does the Bible condemn bankruptcy? Historically the Old Testament, at Deuteronomy 15, provided for the release of all debts every seven years. The U.S. Constitution provides for the right to file bankruptcy. The U.S. bankruptcy laws specifically give debtors the right to a fresh start through filing bankruptcy. For a religious opinion on this issue, see the following article: Is Bankruptcy Scriptural?

Who may file a bankruptcy? Individual debtors and their spouses may file a Chapter 7 or Chapter 13 bankruptcy, and corporations or partnerships may file a Chapter 7 or Chapter 11. There is no limit to the amount of debt one can file Chapter 7 against. Chapter 13 is only available to individuals with regular income whose secured debt is less than $1,010,650, and whose unsecured debt does not exceed $336,900, as of the date of filing of the petition.

How do I know if I am eligible to file for bankruptcy protection? You are almost always eligible to file for one type of bankruptcy protection or another. Your eligibility may depend on several factors including whether you have previously filed, your current income, and the value of your assets. The choice of what type of relief you seek is complicated and can be critical to your financial future and thus should be taken only after consultation with a trained professional.

Does my spouse have to file with me? A husband and wife may file individual or joint petitions, depending on whom the account holder is for the debt. If your spouse is a co-debtor on a debt, he or she may have to file with you in order to prevent creditors from taking further action on the debt. It is important to discuss this with me before making this decision.

If my spouse is not filing with me, why do I have to provide my spouse's income?  In most cases the law requires us to calculate your household income and expenses. So while we have to include your spouse's income, we also can deduct your spouse's expenses.

What are the steps for filing bankruptcy? Unlike many attorneys, we offer a free initial consultation with an attorney. At a minimum, prospective clients should bring with them their bills, installment loan coupons for home or vehicle payments, any letters received from creditors, collections agencies, or taxing authorities, and paycheck stubs from all employers for the six months prior to the anticipated date of filing.

The law passed by Congress which took effect in 2005, requires us to review your income, and if you are married your spouse's income, for the previous six complete months (whether or not your spouse intends to file with you). If you do not have your actual paycheck stubs, please request a printed summary from your employer's payroll department. If you are self-employed please bring a current Profit and Loss Statement for the year-to-date, as well as checking account statements or other documentation supporting your income and expenses for the prior six complete months.

We can then determine together whether a Chapter 7 or Chapter 13 is appropriate, and can discuss with you the benefits and drawbacks of each, the timetable for completion, and fee structure. A case begins with the filing of a Voluntary Petition in the appropriate bankruptcy court based most often on where the individual debtor lives. The Greater Atlanta Metropolitan area, for example, is served by courts in Atlanta, Rome, Gainesville, and Newnan. The Petition includes various schedules, or forms, which disclose the debtors assets and liabilities, current income and expenditures, and related financial information.

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How long does it take? From filing to discharge, the average Chapter 7 takes about 100 to 120 days. A Chapter 13 debtor usually must stay in the plan for a minimum of thirty-six months, and in some cases up to sixty months is allowed to pay the creditors through the plan.

When will my creditors stop calling me? Filing either a Chapter 7 or a Chapter 13 will immediately "stay", or suspend, most collection efforts as soon as the creditors are notified of the filing. The Automatic stay prevents creditors, in most situations, from filing or continuing lawsuits, garnishments, foreclosures, and repossessions.

What is the difference between Chapter 7 and Chapter 13? Chapter 7 is often called straight bankruptcy, while Chapter 13 may be referred to as a debt adjustment or debt consolidation plan. Under Chapter 7 debtors may discharge all or some of their unsecured debts. In a Chapter 13 debtors propose a plan to pay all or some of their debts out of their future income, generally over a thirty-six to sixty month period.

What is a discharge, and what debts are discharged? A discharge under either Chapter 7 or 13 releases the debtor or debtors from personal liability for a debt, and prohibits a creditor from taking any further action to collect the debt. A discharge may release the debtor from such debts as: credit card purchases, medical bills, deficiency owed on a repossessed vehicle, certain civil judgments, rental payments on a home where you no longer live, unsecured loans (ie. loans not secured by collateral)

What debts are not dischargeable? As a general rule taxes, student loans, alimony and child support debts, and debts incurred through fraud or theft are not dischargeable. Damages resulting from alcohol or drug-related automobile accidents may not be dischargeable. There are exceptions to these general rules, and there are additional categories of non-dischargeable debts as well. For example, credit card purchases of luxury goods or services, or cash advances from credit cards made prior to filing may not be dischargeable. Additionally, debts secured by collateral or by liens on your property may not be dischargeable unless that property is surrendered to the creditor.

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How can I pay my back taxes? Filing either a Chapter 7 or Chapter 13 will generally stop all tax collection efforts on taxes owed prior to filing. If you file a Chapter 7, however, collection efforts will probably resume after discharge on any portion of taxes deemed to be non-dischargeable. Interest and penalties may also continue to accrue during this time. Filing a Chapter 13, on the other hand, will stop the interest and penalties and allow you to repay the back taxes in installments through the Chapter 13 plan.

What is the Automatic Stay and how does it affect creditors? As soon as a bankruptcy case is filed, the automatic stay takes effect. Most creditor action, such as repossession, garnishment or foreclosure, is prohibited., Unless and until the creditor receives relief from the automatic stay (permission from the court to continue). Criminal cases, and civil actions to recover alimony, child support, or taxes may not be stopped.

I heard about your firm from a letter I received in the mail. How did you get my name and address? You received a letter from us because a lawsuit or garnishment was filed against you in county court. Like many lawyers we subscribe to a service which reviews these public records and provides us with your information so we may send you a letter to introduce ourselves and offer a free consultation.

Do I have to come to your office to take advantage of the free initial consultation? It has been our experience that it is more fruitful when we can meet face-to-face. There are simply too many variables to consider. Plan to spend 1-2 hours at our firm so we can obtain all the information from you necessary for us to make an informed decision about your future.

What is Chapter 7? Chapter 7, also known as straight bankruptcy or liquidation, may allow debtors to "wipe the slate clean" of unsecured debts. Unsecured debts are debts not secured by collateral, typically credit cards and medical bills, for example. Debts secured by collateral, such as homes, vehicles, or certain installment loans, may be reaffirmed. Reaffirmation means the debtor should be able to keep the property by simply agreeing to maintain the existing payment plan with the creditor involved. For a debt to be reaffirmed, most creditors expect payments on a secured debt to be current at the time of filing.

Will I be able to keep my property? Chapter 7 debtors are permitted to exempt or protect a certain amount of their personal property. Theoretically, property that is above the exemption amount (nonexempt) may be sold to pay all or some of the debts owed to creditors. The exemption levels vary from state to state. In Georgia, for example, the following levels apply (and may be doubled for joint husband and wife filings): $10,000 equity in a home, $5,000 in household goods and furnishings, $3,500 interest in a motor vehicle, $500 in jewelry, $1,500 in tools of the trade (those needed for your job), and $600 in any other property (the "wildcard exemption"). If you don't need to use your $10,000 homestead exemption on your home, you may apply $5,000 of that to any other property.

In addition, funds kept in retirement accounts such as and IRA or 401k, and proceeds from social security, alimony, life insurance or veterans benefits are exempt. You may also be able to keep certain property by reaffirming the underlying debt.

What if I have a savings account that is joint with my child? If you opened a bank account for your child's birthday or gift money, or perhaps college savings, it is important to make sure you set it up correctly. If you established this account under the Uniform Transfers to Minors Act (UTMA) [formerly the Uniform Gifts to Minors Act (UGMA)], you should be able to protect your child's assets in such an account. Here is a handy guide to these accounts: UGMA & UTMA Custodial Accounts. In short, such an account will protect your children's money until they reach the age of majority at which time it becomes their property. Bear in mind, however, that a gift to a minor is irrevocable--you cannot withdraw this money from the account.

Is a Section 529 Education IRA for my child protected? Under the Bankruptcy Code, only funds placed into a Section 529 account more than 365 days before filing are exempt or protected. If the money was deposited between 365 and 720 days before filing, the exclusion is limited to $5,000.

What does it mean to reaffirm a debt? By reaffirming a debt, the debtor agrees to repay all or some of a particular debt, often under the same payment terms and conditions as existed prior to filing. The benefit to the debtor is the debtor gets to keep property that is the subject of the debt, as with a vehicle loan for example. By reaffirming a debt, the debtor has in effect taken the debt out of the bankruptcy petition, and agreed to repay it. The possible downside to this is that the debtor will not be protected from creditor action after the bankruptcy case is discharged if, for some reason, the debtor is unable to pay the debt after all. A debtor may rescind a reaffirmation agreement at any time within sixty (60) days of execution, or up until discharge, whichever occurs later.

Can I continue to use my credit cards until I file Chapter 7? You should discontinue credit card use as soon as you contemplate filing bankruptcy. Certain credit card debts may even be considered non-dischargeable, particularly if incurred in the ninety (90) day period prior to filing Chapter 7. You should strictly avoid balance transfers and cash advances.

Can I keep a credit card if I file Chapter 7? The law requires all "debts" to be listed, or scheduled. A credit card with a zero balance is not technically a debt and thus may not need to be listed. Bear in mind you are signing these schedules under penalty of perjury, however, so be sure you do not have a balance at the time of filing.

Consider, however, the credit card company may discover you have filed Chapter 7 and close the account anyway. All major regional and national creditors have automated computer systems which constantly scan (at least four times a month) credit reports through the three major Credit  Reporting Agencies (Equifax, Experian, Trans-Union) for all of their customers. They do this to determine if other accounts are in default for purposes of raising interest rates, reducing credit lines, or terminating future credit. They also have a system for identifying bankruptcy filings. As a result, you may not be able to retain a credit card even if no balance is owed.

What about debts I incur after I file Chapter 7? Chapter 7 discharges only dischargeable debts incurred prior to filing. Debts incurred after filing, or post-petition debts, are not dischargeable.

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What is Chapter 13? Chapter 13 is commonly thought of as a debt consolidation and repayment plan, and is also known as the debt-adjustment plan. A debtor filing Chapter 13 proposes a repayment plan to his or her creditors with the payments coming out of the debtors future income. Generally, this amount is paid to the Chapter 13 Trustee monthly by the debtors employer, and then distributed to the creditors by the Trustee.

When is filing Chapter 13 better than filing Chapter 7? Chapter 13 is best for people who are behind on mortgage or vehicle payments, those who owe back taxes, student loans, or child support, or people who simply don't qualify for Chapter 7 due to high income or equity in property. Filing of the Chapter 13 petition immediately stays, or stops, foreclosure proceedings or vehicle repossession as well as civil arrest warrants for unpaid child support, and allows debtors additional time to repay these debts.

What is a Chapter 13 Plan? A chapter 13 plan proposes debt repayment out of an individuals future income. The typical repayment plan lasts a minimum of thirty-six (36) months and a maximum of sixty (60) months. The plan must be approved by a Bankruptcy Court Judge. The plan payments are made to a Chapter 13 Trustee, who is an attorney appointed by the Court to represent the interests of the creditors. The Trustee, in turn, distributes the funds to the creditors in the case. The Trustee takes a small percentage of the plan payments as his or her fee.

What debts are paid through the Plan? The Chapter 13 Plan generally pays debts existing as of the date of filing, called pre-petition debts, such as past due balances on mortgage payments, child support payments, and back taxes; all of which must usually be repaid in full. Credit card debt and similar unsecured debt is also paid through the plan, although in some cases a debtor may receive a discharge after paying only a percentage of the unsecured debt. This is known as a composition plan. In addition, the plan may pay off a vehicle a person has previously financed. You are responsible for future payments on regular household obligations such rent, utility, or mortgage payments, vehicle insurance, and taxes assessed after the date of filing.

What if I am in a Chapter 13 plan and I can't make my monthly payment? If you are presently a client of ours in a Chapter 13 plan and you find yourself unable to make your monthly payment, please let us know right away. We can often apply for a short suspension of your plan payments, up to three months, if you are sick and unable to work or perhaps between jobs. The sooner we take action, the better! This is one of the many services included in our flat fee.

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How long will I be in a Chapter 13 Plan? A Chapter 13 Plan requires that the Debtor make regular payments of disposable income for a minimum of thirty-six (36) months, unless the debtor is able to repay all of debts in full in a shorter period. In certain cases the plan may extend up to sixty (60) months.

What are my alternatives to filing bankruptcy? You may attempt to negotiate a repayment plan with the creditor directly, or through an attorney. Most unsecured creditors will accept a short settlement, i.e.. a percentage of the debt in a lump-sum payment, or a larger percentage in several installments. You may also contact Consumer Credit Counseling Services for assistance in negotiating with unsecured creditors.

How do I know which Chapter to file? This is a decision to be made only after consultation with an attorney who regularly practices bankruptcy law.  Under the new bankruptcy code which took effect in late 2005, the attorney must perform a "median income" and, if necessary, a "means test" to determine an individual's eligibility to file Chapter 7 or 13. Bear in mind that many lawyers, particularly in the large bankruptcy firms, will automatically steer individuals into a Chapter 13 Plan. While this is sometimes best for the debtor, equally often it may be because the firm can charge a higher fee for the Chapter 13 than it would for a Chapter 7. It is therefore important to meet with an attorney who can give you both options, list the benefits and drawbacks of each for your individual situation, and let you make the decision.

How do I know when I need to file? Over the many years I have practiced bankruptcy law, the most common complaint I have heard from my clients is they feel like they have lost control of their finances. This, in turn, creates a great deal of unnecessary stress in their business and personal lives. In many cases I have seen the strain lead to divorce. If you are unable to meet regular monthly payments, or if doing so requires getting a cash advance on a credit card or line of credit, or if you are being harassed by creditors, you may be approaching a financial crisis. If you have received notice of foreclosure of your home, or your vehicle has been or is about to be repossessed, you should see an attorney right away so you can make an informed decision about whether bankruptcy makes sense for you, and if so, under which chapter to file. Please, please, please see me before you take a distribution from an IRA, 401(k) or any retirement account. Such accounts are usually completely exempt in Chapter 7 or 13.

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What are the effects on my credit? A Chapter 7 filing will remain on your credit report for ten years from the date of discharge. A Chapter 13 filing will remain on your credit report for seven years from the date of discharge. In my experience by the time my clients make the decision to file bankruptcy their credit reports are likely already blemished by late payments, bad debts, garnishments and repossessions. These can likewise stay on your credit report for up to seven years, and in some cases even longer. Therefore, the effect on an individuals credit often is negligible and becomes secondary in debtors minds to obtaining immediate relief from bill collection efforts. Many experts suggest the discharge actually improves your credit score dramatically in a very short period of time by improving your "debt-to-income" ratio. See the following: Smart Money: "Declaring Bankruptcy Can Improve Your Credit Score.

How can I repair my credit? You can begin to repair your credit right away by making installment payments on debts you reaffirm such as your motor vehicle. In today's competitive market creditors are much more likely to extend new credit to people with some negative credit history than was true in the past. For more information see: MSN Money: "Bounce Back Fast After Bankruptcy".

What are the fees involved in filing? Chapter 7 has a filing and administrative fee of $299.00, while Chapter 13 court fees are $274.00. These are required to be paid prior to the time of filing.

Attorney fees and retainers vary from person to person and case to case, depending on the nature and complexity of the case, and are subject to limitation and review by the bankruptcy court.

Unlike many law firms, we work on a flat fee basis. When you retain us you will know exactly how much your legal matter will cost you and you will receive a detailed written agreement so you know exactly what services that fee covers. At our firm you will not have to worry about receiving a $75.00 bill for a 15-minute phone call!

Can I pay the attorney fees and court costs in installments? Yes, but if we determine you should file a Chapter 7, the law requires us to collect all fees and court costs prior to filing of the case. If all fees were not paid prior to filing, we would technically become on of your creditors and we would be violating ethical rules and the bankruptcy laws by attempting to collect unpaid fees from you! You should steer clear of any law firm that tells you they will accept fees for a Chapter 7 after filing of the case!

In a Chapter 13 case, the law allows a portion of the attorney fee to be paid through the Chapter 13 plan, after filing of the case. You will pay us a retainer and the remainder of the fees will be paid to us by the Chapter 13 Trustee during the course of your repayment plan.

What happens at the Meeting of Creditors? The Meeting of Creditors or 341 Hearing is usually held four to five weeks after filing. It is a brief, informal hearing in front of a bankruptcy trustee rather than a bankruptcy judge. In the Northern District of Georgia hearings are not even held in a courtroom but in a conference room. The trustee, the debtor and his or her attorney sit at a conference table. The trustee will check the debtor's identification, swear the debtor in, and ask certain questions regarding the petition. The proceedings are tape recorded for the record. After examining the debtor, the trustee will allow creditors to ask questions, although often creditors do not bother to appear. If your vehicle is financed, you should bring proof of insurance coverage to show to the creditor.

What happens after the Meeting of Creditors? Your case will generally remain open for sixty (60) days after the Meeting of Creditors. During this period the creditors will have an opportunity to review your account history. Unsecured creditors are looking for any unusual transactions shortly prior to filing, such as cash advances, balance transfers, or purchases of luxury goods or services such as travel.

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Will I receive a 1099 from the IRS for forgiveness of debt? If your debts are discharged in a Chapter 7 or Chapter 13, the answer is an unequivocal "no". If you settle a debt with a debt collector prior to filing, or if you surrender your home through foreclosure, short-sale, or deed in lieu of foreclosure, then you almost certainly will.

And here's the catch if your property is foreclosed--while Congress passed the Mortgage Forgiveness Debt Relief Act of 2007 which protects you from tax on mortgage debt forgiven through 2012, the Act may or may not be extended. If the lender doesn't report the forgiveness until 2013, you could receive a 1099 and owe taxes at that point.

See the following article from the IRS: Home Foreclosure and Debt Cancellation

What happens to frequent flyer or awards associated with a credit card? Use 'em or lose 'em! Award points and even award tickets may, and likely will be, revoked if you file Chapter 7 or Chapter 13. If you convert the points to merchandise or complete travel prior to filing, then you will keep the benefits you earned.

Can the IRS or a private creditor garnish Social Security or Social Security Disability payments? The Social Security Administration does not permit garnishment of benefits by private creditors. A creditor, typically a credit card company, business or individual who obtains a judgment against you cannot legally garnish your Social Security benefits.

The Social Security Administration will, however, allow garnishment of benefits for "domestic support obligations" (alimony or child support), or for back taxes.

If you receive Supplemental Social Security ("SSI") disability benefits, however, not creditor can garnish your benefits, even the government.

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How long can I stay in my home if it is being foreclosed?  You have absolute right of possession until and even after a foreclosure sale. No one is permitted to enter the premises, change the locks, or remove your possessions without court order. Even after the foreclosure sale the creditor must file a "dispossessory" or eviction action. Often they will offer "cash for keys"--payment to you to entice you to leave voluntarily. This can save the cost of hiring an attorney to file a formal eviction against you.

I have been offered money for the things in my home such as appliances, light fixtures, cabinets and countertops--is it legal for me to sell these things? You are generally permitted to take or sell things that are not "fixtures", that is permanently affixed to the property. In other words, it is legal to sell appliances, but it may not be to take or sell such things as cabinets, countertops, ceiling fans or light fixtures, because this diminishes the value of the bank's property.

I need a home loan modification--should I do this before or after filing? This depends on your individual circumstances. If possible, you should complete the loan modification process prior to filing as your mortgage company may withdraw their modification offer. Of course, if there is pending legal action against you it may not be advisable to wait to file.

Can I discharge my student loans? Student loans are not generally dischargeable in Chapter 7 unless you can show "undue hardship". To show undue hardship, the debtor must show "(1) that she cannot maintain, based on current income and expenses, a 'minimal' standard of living for herself and her dependents if forced to repay the loans; (2) that additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment portion of the student loans; and (3) that the debtor has made good faith efforts to repay the loans." In re Saxman, 325 F.3d 1168, 1172 (9th Cir. 2003). This is an extremely high standard to meet.

In a Chapter 13, however, student loans may be paid in part or in full through the Chapter 13 plan.

It is a good idea to look into a forbearance or deferment prior to filing Chapter 7 or 13. You may also qualify for the new Income Based Repayment Plan" (IBR) and get a reduction in the monthly payments. See the following from the U.S. Department of Education: Income Based Repayment Plan. Note this only applies to government or government-guaranteed student loans, not private loans. You must look at the original loan documents to determine if your loan fits into either one of these categories.

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If I have previously filed Chapter 7, when can I file again? If you were previously discharged from a Chapter 7, you must wait eight (8) years measured from the date of filing of the case. You may, however, be eligible for a Chapter 13 which would give you protection from your creditors.

Should I change the amount of tax withheld from my check? If you are getting a large refund, then the answer is YES! The average refund is about $2700 per year, and I often see folks getting back $4,000-$6,000! Why would you want to let the IRS use your hard-earned money interest-free all year? If you need cash, turn that $2,700 refund into an extra $225 raise to yourself every month! Even better, increase your 401(k) contribution by that amount and retire rich; or deposit your new found cash into a savings account as your emergency reserve fund.

If you want to calculate the proper amount of withholding for your income level, go straight to the top--the IRS. The following link will help you calculate your withholding: IRS Withholding Calculator.

Or, consult your company's human resources department, or your own tax professional.

If only my spouse files Chapter 7 or 13, do I receive any protection from creditors? One of the greatest benefits of filing Chapter 7 or 13 is that the "automatic stay" takes effect as soon as the case is filed. This protects the "debtor", the person filing, and in many cases protects the "co-debtor", from any creditor action while the case is pending. In some instances this is not the case, however. If your spouse is a joint account holder on an account included in Chapter 7, but did not file with you he or she has no protection from creditor action. On the other hand, if you are a co-debtor on a vehicle included in a Chapter 13, and the vehicle is being paid for in full, then you would be protected from action by that creditor.

It is therefore important to carefully evaluate whether a petition should be filed in the name of one or both spouses. There are other issues which may affect this determination as well, so both spouses should discuss this with an attorney before making a decision.

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