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Frequently Asked Questions

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.

If I am married, does my spouse have to file too?

Dave Johnson Law Office, P.C. - Frequently Asked Questions
No. 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.

I'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.

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.

If I'm married, will courtesies extend to my spouse?

The UCLA Fund
Yes, they can. Chancellor's Associates courtesies apply to the primary donor and can also extend to your spouse EXCEPT FOR PARKING. However, your spouse has the option of purchasing parking at its current market value.

I'm Married, Can I File by Myself?

Bankruptcy - Indiana frequently asked questions
Yes, but your spouse will still be liable for any joint debts. If you file together you will be able to double your exemptions. (see Indiana bankruptcy exemptions) 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.
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