I am married; does my spouse also have to file bankruptcy?
Chapter 13 Bankruptcy Lawyers In New Jersey - Chapter 13 FAQ...No. In some cases where only one spouse has debts, or one spouse has debts that are not dischargeable, then it might be advisable to have only one spouse file. Also, debts which your spouse is jointly liable are subject to the co-debtor automatic stay.
Related QuestionsGarretson Law Office FAQYour 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.Related Questions
Does the spouse of a married person have to file bankruptcy?
Bankruptcy PreparationIf 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.
Related QuestionsNo. In some cases where only one spouse has debts, or one spouse has debts that are not dischargeable then it might be advisable to have only one spouse file. If the spouses have joint debts, the fact that one spouse discharged the debt may show on the other spouses credit report.Related Questions
Gandy Law Offices - FAQNo. 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.Related Questions
Does my spouse have to file bankruptcy with me?
Wald Law Firm - FAQYour 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.
Related QuestionsI'm married. Does my spouse have to file?
Morris & Woerner :: FAQNot necessarily. A lot depends on whether the debt you are trying to discharge is owed by both of you. California is a community property state and things can get a little sticky in this area. If the debt is truly separate debt, it shouldn't be a problem. If it is marital debt and your spouse isn't working and there isn't any community property at risk, then talk to an experienced bankruptcy attorney about the possibility of filing the case without your spouse. TOP ^
Related QuestionsIf I am married, does my spouse have to file too?
Dave Johnson Law Office, P.C. - Frequently Asked QuestionsNo. A married person may either file jointly with his or her spouse or individually. If the spouse does not file also, the spouse's credit is usually unaffected. It is usually a problem for a person who is filing an individual bankruptcy to transfer assets to his or her spouse or to anyone else.
Related QuestionsDo I have to file Bankruptcy with my spouse?
Galyn Johnson, P.C. - FAQAnswer: 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.
Related QuestionsMichael 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.Related Questions
Law Offices of Stephen A. KoonceThere may be advantages or disadvantages to a joint filing with your husband or wife. We'll help you decide based on the type of debts and the assets you need to protect.Related Questions
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.
Related QuestionsI am married. Does my spouse have to attend the closing?
Since florida is a homestead state, your spouse will have to attend the closing, unless the property is an investment property. Even if you spouse is not on the loan, they will need to come to the closing, provide identification and execute documents.
Related QuestionsI'm married, can I file alone or must my spouse file jointly?
Walter Metzen: Detroit Attorney, Bankruptcy, Chapter 7, Chap...If your married the law recognizes you as one entity and can file either together as a couple (jointly) or either spouse (husband or wife) can file on their own. The law does not require that both file.
Related QuestionsUp 18. My spouse is declaring bankruptcy; should he file alone or should we file together?
Chapter 13 bankruptcy FAQ - 20 frequently asked questionsWhether 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.
Related QuestionsIs 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.
Related QuestionsWhat if I am married now but didn't file with my spouse last year?
Frequently Asked Questionslong as you are married at the time you filed the FAFSA, you must include your spouse's income. Add both incomes (i.e., adjusted gross income, taxes paid, number in house) and include them on the FAFSA. If you married after you submitted the FAFSA, do not include your spouse's income. Use the natural parent with whom you lived the most in the past 12 months.
Related QuestionsCan a Married Person File Bankruptcy Individually?
Louisiana Bankruptcy Legal Services - Bankruptcy Frequently ...Yes. If you are married, you may file bankruptcy without your spouse. However, Louisiana is a community property state. Under the community property law, your spouse is liable on your debts incurred during marriage for a family purpose. This is true even if your spouse's name does not appear anywhere on the account and regardless of whether or not your spouse signed anything. For this reason, it is usually recommended that couples intending to divorce file bankruptcy jointly prior to divorce.
Related QuestionsDoes my spouse have to file jointly with me?
Welcome to Macey & AlemanIf all or most of the debts are in your name only, your spouse may not have to file. Creditors usually cannot pursue a non-filing spouse, unless he or she is legally a co-debtor on the debt. Additionally, the bankruptcy should not be reflected on the non-filing spouse's credit report. The law does vary, however, from state to state so make sure you speak with a Macey & Aleman bankruptcy attorney about whether or not your spouse has to file.
Related QuestionsIf one spouse files for bankruptcy, how does this affect the other spouse?
Bankruptcy Trustees and Credit CounselorsHowever, the bankruptcy may have some negative impact on the other spouse. If the non-bankrupt spouse has co-signed any loans with the bankrupt spouse, he or she will become solely responsible for those debts. This also applies to credit card debts when supplementary credit cards have been issued to the non-bankrupt spouse. The bankrupt spouse is expected to make payments to the Trustee throughout the bankruptcy. These payments are based on the family situation.
Related QuestionsHow long does it take to file bankruptcy?
Garretson Law Office FAQGenerally one week to 10 days after you have paid the attorney fees in full. If your case requires immediate attention we will do everything we can to file your petition in a prompt and efficient manner. All filings are done electronically over the internet and can actually be done overnight and on weekends.
Related QuestionsLaw Offices of Janice M. Palmer, P.C.Generally speaking for a normal Chapter 7 bankruptcy, the process takes about six months. However, most of the activity on your bankruptcy will take place in the first couple of months after you file.Related Questions
How do I file for bankruptcy? Is there a charge?
Federal Judiciary Frequently Asked QuestionsA 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.
Related QuestionsReturn to top 4. Who can file bankruptcy?
U.S. Bankruptcy Court - District of Colorado - FAQsA 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.
Related QuestionsI am a married student how do I order an additional ticket for my spouse or domestic partner?
Student Football FAQA second season ticket may be purchased for $150.00. (Total for two is $300.00). Married students who have not ordered two tickets in the past online will have to contact the Athletic Ticket Office prior to 5pm on the last working day of the order period to have your account reset to allow you to order two tickets.
Related QuestionsIf I am married, does my Trucredit Report cover my spouse?
Merged Credit Reports by TruCredit Frequently Asked Question...The Trucredit Report will show all the individual and joint credit reported under the name requested. It will not show the individual credit reported under your spouses' name. To see all the credit reported under both names, it is advised to order separate credit reports for each party.
Related QuestionsQ:I am a married student and my spouse is also a student. How does this affect my financial aid?
Yale Medical School: Financial Aid Office FAQsIn this situation, financial aid for the Yale student will be determined as if that student were single. However, if the couple filed a joint income tax return, a copy must be submitted. Spouses should be able to enroll in the Yale Health Plan by virtue of marriage to a student member of the Health Plan, without the spouse having to enroll himself/herself. This is a Yale Health Plan policy issue and is not under the control of the School of Medicine.
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