QUESTION
If there is a joint debt and only one party is filing is the debt covered or do I need my spouse?
Asked on Sep 26th, 2013 on Bankruptcy - Florida
12 ANSWERS
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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It depends. What kind of debt.
Answered on Sep 30th, 2013 at 2:09 AM
Deborah F. Bowinski
This is the third differently worded version of this same question. The answer will not be any different. It seems as though you don't really understand how joint debts are managed in bankruptcy - it would be a good idea for you to sit down with an attorney to get personalized legal advice and professional assistance in filing a bankruptcy case.
Answered on Sep 28th, 2013 at 12:24 AM
Bankruptcy only discharges personal liability.
Answered on Sep 27th, 2013 at 9:24 PM
Richard hirsh
A discharge would apply to your liability on the debt but would affect the spouse's liability.
Answered on Sep 27th, 2013 at 2:05 PM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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You have to explain what you mean by covered and which chapter of bankruptcy you are considering.
Answered on Sep 27th, 2013 at 1:39 PM
If your spouse does not file, their individual obligation for that debt would not be discharged. Yours would. Take care.
Answered on Sep 27th, 2013 at 12:53 PM
Family Attorney serving Hurst, TX
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Law Office of Eric A. Maskell
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The liability for the filing spouse will be discharged but the creditor always has the option of pursuing their legal remedies against the non-filing spouse. I would determine if it is truly a joint debt or if the non-filing spouse is merely an added signatory on the account. If it is truly a joint debt then the creditor has the option to pursue.
Answered on Sep 27th, 2013 at 11:14 AM
2 Awards
You question is confusing. Are you asking if your spouse has to file or do you have not note that your spouse is also liable on the debt? If your spouse is also liable but does not want to file bk, they will not be discharged of the liability. You still have to note that they are jointly on the debt when you file bk.
Answered on Sep 27th, 2013 at 11:14 AM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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You may file individually on joint debt, but there are many factors to consider whether that is appropriate. Talk to an attorney about your entire situation.
Answered on Sep 27th, 2013 at 11:09 AM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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Covered, but it can be more complicated than that.
Answered on Sep 27th, 2013 at 10:41 AM
Depends on whether you are filing a 7 or 13. There is no co-debtor stay in a 7.
Answered on Sep 27th, 2013 at 10:20 AM
Sanford M. Martin
You must file jointly or the other person will be responsible for payment of the debt.
Answered on Sep 27th, 2013 at 9:44 AM