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Can a woman file for bankruptcy after she is married and not include her spouse who went bankrupt 4 years ago?
Wiki User
∙ 8y ago
Either spouse may file a separate bankruptcy. However, if they are joint debts the non-filing spouse will be responsible for repayment. If the spouse is the sole debtor the non-filing spouse might still be responsible if they reside in a community property state.
Wiki User
∙ 8y ago
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Bankruptcy if married can one spouse file bankruptcy independently from the other Is the one spouse then held responsible for the first spouse's debts if bankruptcy Is filed?
One spouse can file bankruptcy separately and both are held responsible.
If you remarry is the new spouse affected by one partners bankruptcy prior to the marriage?
Only when the new spouse is applying for credit jointly with the bankrupt partner.
Are assets of non-filing spouse considered in bankruptcy?
No. When one spouse files for bankruptcy and the other spouse does not, they are only filing for their own personal debts and not those of the spouse. In general, the filing of bankruptcy by one spouse will not affect the other spouse's financial situation. A debt is created by contract between a debtor and a creditor - each debtor must sign the contract to be liable for payment. Therefore, the bankruptcy of one spouse does not cause the other to become bankrupt. Debts where spouses are joint and severally liable for payment will remain with the spouse who has not filed for bankruptcy.
Can only one spouse file bankruptcy when the other one owns the cars and house?
In general, the filing of bankruptcy by one spouse will not affect the other spouse's financial situation. A debt is created by contract between a debtor and a creditor - each debtor must sign the contract to be liable for payment. Therefore, the bankruptcy of one spouse does not cause the other to become bankrupt. Debts where spouses are joint and severally liable for payment will remain with the spouse who has not filed for bankruptcy. Under Chapter 7 bankruptcy, where one spouse's debts are wiped clean, the creditor can go after the other spouse. However, a major advantage of Chapter 13 bankruptcy, where the debtor plans to re-pay her debts, is that the creditor will leave the co-debtor alone, as long as bankruptcy plan payments are timely deposited.
How long after getting married do you have to wait to file jointly for bankruptcy?
My spouse and I filed 3 weeks after our marriage. I was told that it could be done immediatly.
If you are about to get married and you are filing Chapter 7 bankruptcy will this bankruptcy affect your spouse in any way after the marriage?
It will only affect the non-filing spouse if the couple apply for some type of joint credit, such as a home mortgage. It will not affect the new spouse's credit report/score.
Can a spouse be reimbursed for debts that were discharged in bankruptcy as part of the dissolution of marriage terms?
Not if the debts were actually discharged in the bankruptcy. In regards to the cost of the bankruptcy if the couple were still legally married then that too is not recoverable.
If my wife filed for personal bankruptcy are you responsible for her debt?
No you are not. When one spouse and not the other files for bankruptcy they are only doing so with regard to their personal debt. A debt is created by contract between a debtor and a creditor - each debtor must sign the contract to be liable for payment. Therefore, the bankruptcy of one spouse does not cause the other to become bankrupt. Debts where spouses are joint and severally liable for payment will remain with the spouse who has not filed for bankruptcy. Under Chapter 7 bankruptcy, where one spouse's debts are wiped clean, the creditor can go after the other spouse. However, a major advantage of Chapter 13 bankruptcy, where the debtor plans to re-pay her debts, is that the creditor will leave the co-debtor alone, as long as bankruptcy plan payments are timely deposited.
Can your spouse collect child support if you are bankrupt?
The child support is an order given by a judge in a custody settlement. It has nothing to do with bankruptcy. You are still responsible financially for a child you help to bring into this world.
Is your spouse's info needed to file for bankruptcy if you are separated?
Not if you are TRULY separated and filing only for yourself. Even at that - the bankruptcy referee would probably want to look carefully at her debt qcquisition while the marriage was functional, just to make sure that the estranged wife did not materially add to the bankrupt debt.
If you filed for bankruptcy four years ago while previously married and you remarry how will it affect your new spouse's credit?
It will have no affect on her credit. Only the person(s) who are a party to a bankruptcy have it noted on any crediting reportage.
If you're filing bankruptcy based on debts incurred before your marriage to your current spouse do you have to make your current spouse party to your bankruptcy?
No, debts that are incurred before a marriage do not become the responsibility of the new spouse.
