doubling

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Doubling refers to a married couple’s right to take twice the amount of an exemption in bankruptcy when they file a joint case. Statutorily, 11 U.S.C. § 522(m) provides that the property that a debtor can claim as exempt to creditor claims “shall apply separately with respect to each debtor in a joint case.” For example, if spouses own a car worth $10,000 that is titled in both their names, and they file a joint case for bankruptcy, each spouse could exempt $10,000, depending on their state’s exemptions law. In the context of Chapter 7, doubling allows the married couple to keep more of their property. In the context of Chapter 13, doubling allows the married couple to pay less to unsecured creditors.  

[Last updated in October of 2021 by the Wex Definitions Team]