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Frequently Asked Questions

Do I have to file Bankruptcy with my spouse?

Galyn Johnson, P.C. - FAQ
Answer: No. But if your spouse is on any of the debt you are filing on, they are still liable on that debt. A Bankruptcy discharges the debt as to the person filing only.
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Michael J. Pledger: Austin Lawyer, Filing Bankruptcy, Bankru...
Since Texas is a community property state, most individuals file jointly with their spouse. There may by advantages or disadvantages to a joint filing with your husband or wife. Mike Pledger will help you decide based on the type of debts and the assets you need to protect.
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Does my spouse have to file bankruptcy with me?

Wald Law Firm - FAQ
Your spouse does not have to file bankruptcy jointly with you. If the debts are in your name only, there is no reason for your spouse to file with you.
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If I am married, does my spouse have to file bankruptcy with me?

Garretson Law Office FAQ
Your spouse does not have to file bankruptcy with you. If your debts are separate, your spouse is not liable for your debts. If your spouse is a co-signer on any of your debts or the debts are for medical bills or utility bills for services provided to your family, filing a joint bankruptcy is probably the best solution.
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Will my spouse be responsible for my debts if I file bankruptcy?

Richard Gaudreau: New Hampshire Lawyer, Creditor Harassment,...
Not unless he/she is personally liable on any of the debt you hope to discharge in a bankruptcy. It is important to make sure that there are no courtesy credit cards issued to your spouse that make them liable. If you have a joint credit card or car loan with a spouse that is listed in a bankruptcy, this will not affect your spouse's credit as long as the payment continues to be paid when due.
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Up 18. My spouse is declaring bankruptcy; should he file alone or should we file together?

Chapter 13 bankruptcy FAQ - 20 frequently asked questions
Whether married couples should file a joint petition or a single one depends on various factors: type of property, the amount of community debt involved, and how the property is held (e.g., community, joint tenancy, or an estate-by-the entirety). Filing together eliminates the separate debts of you and your spouse and all the jointly-held marital debts.
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Is my spouse required to file bankruptcy if I file?

Frequently Asked Bankruptcy Questions | FAQ | Portland Orego...
No, you can be married and file a bankruptcy without your spouse filing. There may be some benefits to filing a joint bankruptcy, but sometimes it is better for only one spouse to file. An experienced attorney will be able to let you know when it would be beneficial for one, or both of you to file.
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How do I file for bankruptcy? Is there a charge?

Federal Judiciary Frequently Asked Questions
A bankruptcy case is commenced by the filing of a petition. You must also file a statement of your assets and liabilities, and schedules listing your creditors. If you choose to file a bankruptcy petition without the assistance of an attorney, you can obtain the required forms at most stationery stores or at www.uscourts.gov/bkforms/index.html. There is a range of filing fees for bankruptcy cases, depending on the chapter of the bankruptcy code under which you file.
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Return to top 4. Who can file bankruptcy?

U.S. Bankruptcy Court - District of Colorado - FAQs
A person, partnership, corporation, or business trust may file a bankruptcy case. Corporations, partnerships and business trusts cannot proceed if they are not represented by an attorney. Only an individual can proceed without an attorney. However, the bankruptcy process is extremely complex, and individuals are strongly encouraged to seek competent bankruptcy counsel. If a person or the entity who owes the money, called the debtor, starts the bankruptcy, it is called a voluntary bankruptcy.
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Does the spouse of a married person have to file bankruptcy?

Bankruptcy Preparation
If you are married, your spouse does not have to file bankruptcy. You can file bankruptcy as an individual or you can file one joint bankruptcy. If you decide to file one joint bankruptcy with your spouse, we do not charge you extra for your spouse as others do.
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Gandy Law Offices - FAQ
No. In some cases where only one spouse has debts, or one spouse has debts that are not dischargeable, it might be advisable to have only one spouse file.
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What do I need to do to file a claim for my deployed spouse?

Frequently Asked Questions
Carrier: Under FRV shipments, the day of delivery the carrier will provide you with instructions on how to file a claim with them. The instructions may address this issue. If you have any questions, you should contact the carrier. If your question was not answered, then please call the Claims Service Center. Additionally, if you file your claim within the 9-month period with the Claims Service Center, we can also forward it to the carrier so you can still be entitled to FRV coverage.
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Can I file bankruptcy without an attorney?

FAQ (ASP)
Current law permits individuals to file their own cases and to represent their own interests in bankruptcy proceedings. However, it may not be wise for you to do so. Any bankruptcy case can become a complicated matter requiring both knowledge of the law and experience before the court to successfully complete.
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What happens after I file bankruptcy?

FAQ (ASP)
Upon filing the original petition with the Clerk's Office, the "automatic stay" immediately takes effect and prohibits all creditors from taking certain collection actions against the debtor or the debtor's property. Although the stay is automatic, creditors need to be advised of the stay.
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Will I have to file bankruptcy?

Consumer Credit Counseling Service of Linn and Benton County...
We will help you analyze your situation. It will be up to you to decide if you want to consult an attorney. Many attorneys suggest an appointment with us to see if there is another workable solution before you file a bankruptcy. If you elect to file bankruptcy, you will need to receive a pre-filing counseling session from an agency such as CCCS.
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CAN I FILE MY OWN BANKRUPTCY?

The Bankruptcy and Financial Center
Any individual can file their own bankruptcy proceeding. This is called filing in pro per. If a person wishes to spend enough time learning about this area of the law, they can probably get through a simple bankruptcy filing. However, individuals with assets or problem debts are foolish to try to go it alone as they will most certainly harm themselves financially as a result.
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Garretson Law Office FAQ
Are you behind on your bills, are bill collectors calling? Is your paycheck not covering all of your bills? If your answer is yes to any of these question you should seriously consider filing for Bankruptcy as soon as possible.
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Fresh Start Colorado | Charles Lilley & Associates P.C. ...
Filing bankruptcy is a serious step, not to be taken lightly. For instance, if debtors owe only a small amount to a few creditors, it might make more sense to pay them through a credit counseling service. Bankruptcy might be necessary however, under certain situations:
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A Great Way To Invest . com Diamond Bay Ready to Invest ? De...
In the paperwork signed by the borrower there is a statement regarding bankruptcy. This form has been successfully used in the past to have property removed from bankruptcy process to allow us to foreclose. On such short-tenn loans it would be looked upon as fraud to get a loan and then file bankruptcy.
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Sacramento Bankruptcy Frequently Asked Questions, Sacramento...
There is never a quick answer to this question. Generally, if you can pay off your debts within three to five years then filing for bankruptcy is not a good idea. If this is not possible, then filing may be a viable solution to eliminate your financial obligations. However, before filing for bankruptcy, it is advisable to explore alternative routes. In some circumstances, creditors may be willing to work out repayment plans or lower their interest rates.
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Bankruptcy Trustees and Credit Counselors
To file for bankruptcy you will need the services of a Trustee. We provide a free initial consultation. We will review your financial situation and discuss all of your options. If you decide that bankruptcy is the best option, we will prepare the documents and file the bankruptcy.
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Bankruptcy Lawyer Directory, Attorneys, Lawyers, Law Firms
There is never a quick answer to this question. Generally, if you can pay off your debts within three to five years then filing for bankruptcy is not a good idea. If this is not possible, then filing may be a viable solution to eliminate your financial obligations. However, before filing for bankruptcy, it is advisable to explore alternative routes. In some circumstances, creditors may be willing to work out repayment plans or lower their interest rates.
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Credit Repair and Credit Restoration - America's Credit Doct...
Before even thinking about bankruptcy, talk to us first! Many of our clients have been able to avoid bankruptcy all together because they came to America's Credit Doctor.com first. Many times, we have been able to explain how to settle debtsA specified sum of money that is legally owed from one to another. and reduce the total amount owed so that our client has a much easier obligation to overcome avoiding bankruptcy.
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Bankruptcies are filed in federal court. Bankruptcy forms are not provided by the court, but may be purchased from stationery stores. Please note that some school loans, some credit card debts and some taxes and other types of debt are not dischargeable in bankruptcy. An attorney is not required to file bankruptcy unless a corporation is involved. The bankruptcy court is open to the public Monday - Friday 9:00 am to 4:30 pm only. Their address is 605 W. 4th Avenue, Anchorage, AK 99501.
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