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.

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.

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.

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.

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.

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.

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.

If 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.

However, 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.

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.

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.

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.

NO! There is no requirement that both spouses file. It is not unusual for only 1 spouse to have debts.

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.

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.