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Can a joint Chapter 7 be filed by a divorced couple if most of their debts are still joint?
Wiki User
∙ 8y ago
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.
Wiki User
∙ 8y ago
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Do you know if a certain form exists or an example of a Motion to Reopen a chapter 7 Bankruptcy?
The errors in the first answer are mostly clarified in the second, but consult an attorney familiar with the topic.They answers also do not answer the question ;) and that was where to find a form - and the very simple method of obtaining the document from Pacer will always work for such a need.After a web search gives you a case number and a reference to a Motion to Reopen Bankruptcy Case, log into Pacer (http://www.pacer.uscourts.gov) or the Electronic Case Filing server for the court referred to, search for the case and court, obtain the docket report, find the Motion to Reopen, and download that document and edit it.AnswerIRS obligations do not get discharged as the result of bankruptcy. All other creditors have to write off their debts, but the IRS gets to threaten you for the rest of your life, and even go after your estate.AnswerBankruptcy is a Federal Case, and the form would be the one used by the circuit in your area. Speaking to the Court Clerk should get you what they want to see.Re-opening a closed case is not for the faint of heart or wallet. And, if it even can be done, some real cause for it better be able to be shown...the fact that you just promised the court (and everybody else) something, many times over, made agreements etc. (probably that even had references to taxes, etc) but apparently didn't think about taxes, simply may not fly.Then, as above notes, do you really want to do so? Probably depends on the Chapter you filed and if/when you filed returns, when the IRS gave their notices and if there is a lien already: Most tax debts can't be wiped out in bankruptcy -- you'll continue to owe them at the end of a Chapter 7 case, or you'll have to repay them in full in your Chapter 13 plan.If you need to discharge tax debts, Chapter 7 will probably be the better option -- but only if you qualify for Chapter 7 and your debts qualify for discharge.You can discharge (wipe out) debts for federal income taxes in Chapter 7 bankruptcy only if all of the following conditions are true:* The taxes are income taxes. Taxes other than income, such as payroll taxes or fraud penalties, can never be eliminated in bankruptcy. * You did not commit fraud or willful evasion. If you filed a fraudulent tax return or otherwise willfully attempted to evade paying taxes, such as using a false Social Security number on your tax return, bankruptcy can't help. * The debt is at least three years old. To eliminate a tax debt, the tax return must have been originally due at least three years before you filed for bankruptcy. * You filed a tax return. You must have filed a tax return for the debt you wish to discharge at least two years before filing for bankruptcy. * You pass the "240-day rule." The income tax debt must have been assessed by the IRS at least 240 days before you file your bankruptcy petition, or must not have been assessed yet. (This time limit may be extended if the IRS suspended collection activity because of an offer in compromise or a previous bankruptcy filing.)The Effect of Federal Tax LiensIf your taxes qualify for discharge in a Chapter 7 bankruptcy case, your victory may be bittersweet. This is because prior recorded tax liens are not affected by your filing. A Chapter 7 bankruptcy will wipe out your personal obligation to pay the debt, and prevent the IRS from going after your bank account or wages, but any lien recorded before you file for bankruptcy remains. In effect, this means you'll have to pay off the lien in order to sell the property.
Is Stephen Hawking wife still living?
His first wife was Jane Wilde. His second wife was Elaine Mason. In October 2006, Hawking filed for divorce from his second wife.
When did the time limit for a chapter 7 bankruptcy change from 8 years to 10 years and is a bankruptcy petitioner protected by a grandfather clause if they filed before the change?
The length of time a discharged 7 or 13 bankruptcy can remain on a credit report has always been 10 years. A dismissed chapter 13 remains for 7 years a dismissed chapter 7 remains for 10 years. Therefore, no type of clause applies because the requirement has never changed. Bankruptcy laws and credit reporting laws are two entirely different issues.
Is the cells nucleus filled with protein?
It is filed with DNA
Has anyone ever filed a lawsuit against The Mars Candy Company?
yes
If you filed Chapter 7 in Aug 2000 as a married couple but are now divorced can you file either Chapter 7 or 13 as a single person now?
NO. The six year rule still applies.
Does getting divorced change filing bankruptcy?
No, your relationship status does not affect your bankruptcy proceedings but if you filed as a couple (as opposed to one individual to the marriage filing) things can get complicated when it comes to debts, etc.
Are the Roloff's divorced?
The couple separated in March 2014 but the final divorce was filed in May 2016, so yes, they are now divorced. Quite sad, really.
What is chapter 13?
It's a chapter of bankruptcy. It allows the person that is filing to keep their property. The person that has filed will pay back their debts over a three to five year period.
What does chapter 11 bankrupty mean?
Chapter 11 is a form of bankruptcy that involves a reorganization of a debtor's business affairs and assets. It is generally filed by corporations which require time to restructure their debts.
Are all debts automatically discharge in chapter 7 bankruptcy for a bankruptcy that occurred in 1988?
If a debt was listed on a Bankruptcy that you filed and the Bankruptcy went through then that debt is permanently discharged with a Chapter 7.
Can a chapter 7 be filed with an open chapter 13?
A Chapter 7 can be filed with an open Chapter 13.
I had traffic tickets from 7 yrs ago that were sent to collections C O of the court I filed for Chapter 7 Bankruptcy those debts were discharged under the bankruptcy do I still owe the debts?
If tickets were discharged after filing for bankruptcy then someone would not owe on these debts.
What is the maximum amount of loans that can be filed on a chapter seven bankruptcy?
While there does not seem to be any limit to the number of loans or debts you can claim on a Chapter 7 Bankruptcy, there are restrictions as to the nature of your claims. Debts that will not be discharged include debts from alimony or child support, debts from accidents involving intoxication, educational benefit overpayment or loans made or guaranteed by any government department, debts for taxes, and certain debts for injuries caused by the debtor to another entity in a willful or mailicious manner. More information on Chapter 7 Bankruptcy rules and regulations is available at http://www.uscourts.gov.
At what point in a Chapter 7 bankruptcy is it considered final with no new debts eligible for discharge?
When you file for Chapter 7 bankruptcy, you are responsible for listing all of your debts. Some debts are generally not dischargable (i.e. child support, most taxes, student loans, secured debts, etc.). When you receive a discharge for dischargeable debts, the discharge generally applies to debts listed in your bankruptcy filing and any subsequent amendments. The discharge does not apply to date incurred after you filed bankruptcy and generally does not apply to debts that you failed to list in the bankruptcy.
In missouir -If a couple are separated for over ten years not living under the same roof - are they ever considered legally divorced?
In the state of Missouri, a couple is not considered divorced until they go to court. Legal paperwork must be filed with the state for the divorce to be final.
Can someone add a debt onto their bankruptcy even though the debt occurred before they filed for chapter 7?
You are supposed to list all of your debts. Have your attorney add it.
