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Yes, one spouse (rather than the couple) can file for bankruptcy when they have significant individual debts. Generally, this action by one spouse will not negatively affect the financial situation of the other spouse, nor will they be responsible for the debts of their spouse. It is important to note that those debts in which the couple is jointly and severally liable for will remain with the spouse that did not file for bankruptcy.
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∙ 14y ago
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Does both spouce's have to file bankruptcy?
yes
Do you have to file a motion to automatic stay after discharge?
no, the stay is created when you file BK and ends when the BK is discharged.
How do you file bankrupt?
By filing a BK petition in your local BK court.
Can you refile for another bankruptcy after one has been discharged?
You can file BK 7 after 8 years from the previous BK7 7 (measured from time of filing, NOT discharge). You can file BK 13 6 years after filing BK 7. You can file a BK 13 2 years after filing a BK 13.
Can you file bankruptcy if your unemployed?
You can file chapter 7 bk. Unless you have another revenue source, you would not qualify for a chapter 13 bk because you need to have "regular income" for a 13 bk.
You own three homes as rental property can you file brankruptcy on just credit card debt?
No, you can never file BK on specific tihings. YOU file BK. Everything you own and everthing you own MUST be included. What you own is used to pay what you owe. No, you can never file BK on specific tihings. YOU file BK. Everything you own and everthing you own MUST be included. What you own is used to pay what you owe.
If bk was discharged in ill can you file for bk in Indiana?
No...until the time to file has passed. You didn't file in a State...you should have noticed it was a FEDERAL court that handles bankruptcy.....state is irrelveant
Can you file bankruptcy if you have not worked in years?
Yes, employment is not a requirement to file a BK.
Can you file chapter 7 bankruptcy if you filed in 2005 in kentucky?
If the 2005 BK was a chapter 7, then no, you would only be able to file another chpt. 7 bk in 2013.
If i received a refund of 13000 can i still file for bankrupt?
Sure. You can file for BK regardless of how much money you have or have coming.
What happens if you file chapter 13 and defaults on payments?
The trustee will file a motion to dismiss to get your BK case thrown out.
Can you take your 401k out if you file chapter 7?
Your 401K account is exempt from creditors when you file BK. So leave the account alone. If you withdraw money and transfer it to another type of account, then the BK trustee can seize that money. Because of that, it is NEVER advisable to withdraw from your 401K when a BK is possible in the future.
