What would you like to do?

Can a joint Chapter 7 be filed by a divorced couple if most of their debts are still joint?

already exists.

Would you like to merge this question into it?

already exists as an alternate of this question.

Would you like to make it the primary and merge this question into it?

exists and is an alternate of .


Probably not, since the divorce has been finalized. Although some states have bankruptcy laws that do include joint debts in this type of situation. W/O knowing the state of residency more specific information is not possible. You could consult the state bankruptcy laws for information that might pertain to this issue.  
I am not aware of any State that lets a person file bankruptcy with an ex-spouse since it is the Bankruptcy Code that determines who may file bankruptcy, not the individual States. The Bankruptcy Code states in 11 U.S.C. § 302(a) "Joint Cases" that "A joint case under a chapter of this title is commenced by the filing with the bankruptcy court of a single petition under such chapter by an individual that may be a debtor under such chapter and such individual's spouse... ." Therefore, people who are not spouses (i.e. divorced) cannot file a joint bankruptcy in any State regardless of the joint nature of the debts. Persons who are in the middle of divorce (so that the divorce is not final) may file bankruptcy together so long as the bankruptcy filing date occurs prior to the divorce being final. If the divorce becomes final during the pendency of the case, this is okay so long as the bankruptcy was filed before the divorce was final. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
44 people found this useful
Thanks for the feedback!

If you are married and have joint debts do both of you have to file for bankruptcy?

If the debts are joint, then yes, to get any benefit, you both have to file. If one partner filed and the other did not, and the debts are joint, you'll just shift the whole

What debts do you report when you file chapter 7 bankruptcy?

  You will report all debts.   You will report all assets.   Some of each MAY be uneffected in the process, but the must be considered in the process.   You do NO

You are 6004 in debt can you file chapter 7?

  Sure. But his would seem to be a very minor amount to do so for. And if you have more than that amount in non-exempt assets, then those assets will be used to pay that

Income tax after a divorce. Joint or separate filing?

  If you are legally separated or legally divorced on the last day of the year, you should file as single or head of household. You should NOT file as Married Filing Joint

What is minimum debt required to file chapter 7?

  Generally speaking, there is not a minimum debt that qualifies you to file for bankruptcy but rather the court evaluates your income versus your debt to determine whethe

Divorce and effects of chapter 7 on non filing spouse?

Generally speaking, when one spouse files for bankruptcy, the non-filing spouse should not be effected by this because they are only filing as to their individual debts. They