QUESTION

What would happen if I add my spouse to my bankruptcy?

Asked on Jun 18th, 2015 on Bankruptcy - Michigan
More details to this question:
What are the pros and cons of adding your spouse to a personal bankruptcy? What could happen to her annuity?
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5 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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An annuity (other than a pension annuity from a tax qualified plan), is an asset that would be taken in the bankruptcy. If she has a valuable annuity, it would probably not make sense for her to file bankruptcy.
Answered on Jun 23rd, 2015 at 1:47 PM

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You must discuss this with your bankruptcy lawyerand if you do not have one, you need one. Adding her is a bit harder than it appears, but it can be done, in several steps. If her annuity comes from a tax-qualified pension or retirement plan, and it is not HUGE, then no one can touch it.
Answered on Jun 18th, 2015 at 9:38 PM

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Depends on the "annuity". Some states have an exemption for this, but other states (like Colorado) have no exemption for an "annuity". IRA's, 401(k)'s, retirement plans, etc. are exempt from creditors, including a Trustee in a bankruptcy. Meet with a lawyer face to face to ask SPECIFIC questions about your situation. Otherwise you are gambling on the outcome.
Answered on Jun 18th, 2015 at 9:35 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Add your spouse to your bankruptcy? Has the bankruptcy already been filed? If so, it is too late to add them on. Add your spouse without his/her consent? Not going to happen. Whether spouses should file bankruptcy together requires a comprehensive analysis of the joint responsibility for debts as well as determining what assets might be at risk of being taken away by a bankruptcy trustee. You will need a consultation with a local bankruptcy attorney to get an accurate answer to this question.
Answered on Jun 18th, 2015 at 9:34 PM

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Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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The question cannot be simply answered as it depends on many things involving her income, assets, debts, expenses, age, etc. to lengthy to discuss in an email sound bite. I may end up discussing much that does not pertain to her wasting both your time and mine. Please call for an initial free consultation.
Answered on Jun 18th, 2015 at 2:46 PM

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