QUESTION

Can I still file jointly and file for bankruptcy myself or do we need to file separately?

Asked on Apr 11th, 2017 on Bankruptcy - New Jersey
More details to this question:
I am planning to file bankruptcy in the upcoming months for the current 2017 year. I've yet to file taxes for the 2016 tax year. I am filing bankruptcy but, my spouse isn't. Also, In January 2017 I received an auto accident payment of $10,000. Does that prevent me from filing? I do not have income now. My spouse has income under the Means test for a HH size of 2.
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7 ANSWERS

Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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There are factors you should consider before making a decision on whether to file a bankruptcy with or without your spouse. Too many factors to explain in this type of setting. Not having filed your taxes for 2016 will be a problem if you file bankruptcy. You will need to get those returns in within a very short time of filing. The award from the auto accident will not prevent you from being eligible to file bankruptcy, provided you are otherwise eligible. If you have any of this money left over, I hope you managed it in a very specific way. If all of this money was spent, I would hope you did not use it to pay family or friends money you borrowed from them, or repay one creditor in preference to all your other debt.
Answered on Jul 07th, 2017 at 8:22 PM

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I'm not sure you formulated your question clearly. One of two spouses is free to file separately, but in many federal districts you must still list your spouse's earnings and assets, identifying her as 'non-filing spouse.' If you are unemployed you usually cannot file under Chapter 13. If you filed jointly with your wife, then you might be able to produce a confirmable Plan based on her income. In any event it's almost always a good idea to retain an experienced bankruptcy lawyer. It's almost always worth the investment.
Answered on Jul 07th, 2017 at 8:20 PM

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Bankruptcy Attorney serving Cleveland, OH at Benson Law Firm
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This is a question that needs more facts behind it in order to give a proper answer. You should seek the advice of competent bankruptcy counsel and not venture into this area by yourself.
Answered on Jul 07th, 2017 at 8:20 PM

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Yes, one spouse in a marriage can file bankruptcy without the other, and you can still file joint tax returns. Just keep proof of your income in the previous tax year. The auto accident payment is not an obstacle although you will have to account for the use of the proceeds.
Answered on Jul 07th, 2017 at 8:20 PM

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Meet with a lawyer face to face. I still have about 40 to 50 more questions before I can render an opinion.
Answered on Jul 07th, 2017 at 8:20 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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You may file without your spouse, but the spouse's income is included in the Means Test. As for the personal injury settlement it depends on how much is left and whether your state follows state exemptions or federal exemptions. New Jersey follows federal exemptions.
Answered on Jul 07th, 2017 at 8:19 PM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Filing your taxes jointly is completely independent of whether you file a joint bankruptcy.
Answered on Jul 07th, 2017 at 8:19 PM

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