QUESTION
Should we file bankruptcy jointly or separately? How?
Asked on Jul 02nd, 2015 on Bankruptcy - Illinois
More details to this question:
We currently have loans, a mortgage, etc. both on contracts. Do we file Chapter 13 jointly or each have to file ?
7 ANSWERS
If you are married, you can file jointly. If you are not married, you will have to file separately.
Answered on Jul 06th, 2015 at 4:04 PM
Are you legally married to each other? If not, you cannot file bankruptcy together. Are you living together? Do you share the same goals? If not, while you can file Chapter 13 together, it may not be a good idea because Chapter 13 is a 3 - 5 year commitment.
Answered on Jul 06th, 2015 at 11:19 AM
William Rhymer
It depends. A joint case is not required. I would suggest you go together to an experienced bankruptcy lawyer. Most offer a free consultation. Depending on your situation, its sometimes like trying to untie a tangled ball of fishing line. Go talk with someone that has experience in untangling similar situations.
Answered on Jul 06th, 2015 at 12:57 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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If you are married it is almost always to your advantage to file jointly.
Answered on Jul 03rd, 2015 at 5:08 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Married couples can file Chapter 13 jointly, and generally, the cost for a joint filing is 1/2 of two single filings. ? When a married person files a separate bankruptcy, it's usually because that spouse has debts that the other spouse doesn't. For example, if the wife has a business while the husband is an employee of a big company, if the business fails, the wife will have lots of debt that the husband isn't liable on.
Answered on Jul 03rd, 2015 at 5:08 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Generally both is best if you both have debt.
Answered on Jul 02nd, 2015 at 6:00 PM
Debt Settlement Attorney serving Chicago, IL
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Law Offices of Daniel J. Winter
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Call a bankruptcy lawyer to discuss; it depends on your whole situation.
Answered on Jul 02nd, 2015 at 3:18 PM