QUESTION
Can I file chapter 13 bankruptcy with my daughter for a car I cosigned for her that she let go back and not affect my husband?
Asked on Nov 30th, 2012 on Bankruptcy - New York
More details to this question:
We have a car together on our credit I also would like a referral to a bankruptcy attorney in my area.
13 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Please specify where you are and I can attempt to find a bankruptcy attorney who can learn the details and explain your options.
Answered on Apr 11th, 2013 at 3:22 PM
Daniel James Wilson
I practice in the Denver area and would be happy to schedule a free consultation. I cannot answer your question fully without more information. You cannot file jointly with your daughter. Only married couples can file jointly. You could file and discharge your debt but that would not give your daughter relief. She might have to file as well. If your husband has any joint debt with you he should probably file jointly with you.
Answered on Dec 02nd, 2012 at 10:32 PM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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Both you and your daughter would need to file separate bankruptcy cases. Without a review of your credit report and your husband's credit report, it is difficult to determine whether he would be affected.
Answered on Dec 02nd, 2012 at 10:22 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answered on Dec 02nd, 2012 at 9:50 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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I don't know what you mean by "affect" certainly you can file your bankruptcy case.
Answered on Dec 02nd, 2012 at 7:39 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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You and your daughter can't file together, but you and your husband don't necessarily have to file together. Everything depends on the facts of your particular case. Where do you need to see a bankruptcy lawyer?
Answered on Dec 02nd, 2012 at 7:37 PM
Someone can file joint bankruptcy with their spouse, but not with their parents or their child. You or your daughter could file a Chapter 7 or Chapter 13 (depending on what you can qualify to do), however, it might be less expensive to look at settling this debt if it is the only debt you are concerned about.
Answered on Dec 02nd, 2012 at 7:30 PM
Filing a bankruptcy case usually will affect the debtor's (your) credit and also the codebtor's. If you need more specific information, please contact me. Thanks. Note: No information provided should be relied on as legal advice. You are not a client of this firm unless you keep a copy of a retainer executed by both you and an attorney of this firm.
Answered on Nov 30th, 2012 at 4:28 PM
Bankruptcy Law Business Attorney serving Asheville, NC
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Pitts, Hay & Hugenschmidt, PA
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You can file without affecting your husband, especially if there is no joint debt. If your daughter needs a bankruptcy, she will need to file her own case.
Answered on Nov 30th, 2012 at 4:25 PM
Bankruptcy Chapter 7 Attorney serving San Diego, CA
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Law Office of Asaph Abrams
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You cannot file bankruptcy with a family member (or anyone else) except for your spouse. You can file with or without your spouse, but regardless, the non-filing spouse's income and assets are factored into the filing spouse's bankruptcy.
Answered on Nov 30th, 2012 at 4:25 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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We have to know where you are in order to give you a referral to an attorney in your area. You cannot file a chapter 13 bankruptcy with your daughter, and a 13 is probably not the best way to go because you have to pay a portion of what you owe. Chapter 7 is preferred to discharge all the debt, but you may not qualify for it.
Answered on Nov 30th, 2012 at 4:24 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Your husband and daughter can't file together. You and your husband can file together even with the loan. I am in NJ.
Answered on Nov 30th, 2012 at 4:23 PM
Bankruptcy & Debt Attorney serving Syracuse, NY
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Theodore Lyons Araujo
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No. you can only file a joint petition if you are married. You would have to file separate cases.
Answered on Nov 30th, 2012 at 4:23 PM