QUESTION
How can I file joint bankruptcy after separation?
Asked on Jun 20th, 2012 on Bankruptcy - Michigan
More details to this question:
My husband left me Jan. 16. Filed for divorce Jan26. We have joint accumulated debt. He now wants to file joint bankruptcy but has accumulated thousands of charged debt since he left. Will those debts be considered also or only those debts made before he left be in the joint bankruptcy.
13 ANSWERS
Daniel James Wilson
Wait until divorce is final. Then file yourself.
Answered on Jun 14th, 2013 at 12:28 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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When you file bankruptcy all debts and all assets are listed.
Answered on Jun 14th, 2013 at 12:23 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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As long as you are still married, you can file for bankruptcy jointly. All debts accumulated after separation and before the filing can also be included in the petition.
Answered on Jul 10th, 2012 at 10:16 AM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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You can still file jointly, but discuss those recent debts with an attorney to be sure they don't present other problems.
Answered on Jul 05th, 2012 at 6:23 PM
Burton J. Green
All debts as of the date the bankruptcy is filed will be included in your joint bankruptcy, if you are still married. However, you must be careful that your husband has not incurred any debts that could be objected to as fraudulent in the bankruptcy. That could result in you and your husband not getting a discharged. My advice is for you to file your own bankruptcy as an individual debtor that will include only debts you are liable for. Let your husband worry about his own bankruptcy.
Answered on Jul 03rd, 2012 at 12:03 PM
If you file a joint Chapter 7, all bills that either of you owe as of the filing date of the case need to be listed on your Schedules.
Answered on Jul 02nd, 2012 at 3:06 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You will have to file on your debts. If those debts are on community accounts the creditors will expect you to pay along with your ex. The creditors are not bound by d ivorce actions because they are not party to that action. In the divorce he may be ordered to pay those bills incurred after separation.
Answered on Jun 30th, 2012 at 12:18 AM
You may file bankruptcy jointly. He may file bankruptcy without you and you may file without him. You should strongly consider a joint filing if a substantial portion of the total debt was incurred while you and he were married, regardless of whether it is in his name, your name or joint name. But if you and he together did not run up big debt and there is no reason for you to file, then you should smile sweetly and tell him you know the name of a good bankruptcy lawyer if he wants the referral.
Answered on Jun 29th, 2012 at 8:37 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You are dealing with a mix of family law, bankruptcy, and contract law. According to the family law court, all debt acquired after date of separation is separate property of the person who incurred it. Bankruptcy court will deal with any debt incurred prior to filing of the bankruptcy petition, regardless of characterization. Under contract law, however, the creditor can come after anyone on the account, so if it was acquired on a joint account and your husband files for bankruptcy, they may come after you.
Answered on Jun 29th, 2012 at 5:51 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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It depends on the law of the state where you live. Make sure to talk to a good bankruptcy attorney who understands divorce law. 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 Jun 29th, 2012 at 5:47 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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All the debt should be considered. But there is a provision that debts incurred for luxury type things within 60 days prior to filing are not dischargeable. Filing jointly will get rid of the debt for both of you, and all the debt must be listed.
Answered on Jun 29th, 2012 at 5:45 PM
Bankruptcy Attorney serving Atlanta, GA
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Saedi Law Group, LLC
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If you are still legally married and wish to file together to clear up your joint debt you may do so.
Answered on Jun 29th, 2012 at 5:23 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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All debts, and assets, on the date of the bankruptcy filing are in the bankruptcy, and in the case of a joint filing, of both parties. You should discuss his plans and proposals with a bankruptcy attorney who is coordinated with your divorce counsel, if you do not have either or both, retain them now.
Answered on Jun 29th, 2012 at 5:02 PM