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No, the other spouse/owner will have to be a part of the BK filing or surrender their share of ownership before a BK is possible. Be advised that such action as transferrance, sale or other such is governed under conveyance laws relating to any pre-bankruptcy financial transactions.

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โˆ™ 2006-04-01 18:39:50
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Q: Can one spouse file bankruptcy on a jointly owned business if the couple is separated and one spouse has left the state?
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Related questions

What is personal Bankruptcy?

It is when an indivdual (or married couple) file for bankruptcy rather than a business or corporation.

Can married couples file for bankruptcy jointly?

A bankruptcy can be filed by a married couple jointly or independently by one (or both) parties separately. Bankruptcy filings are generally done by the individual carrying the most dischargeable debt. If it is one of the marriage partners, that is who will file and can keep one party in the union with a little better credit score. So, short answer is yes, long answer it depends upon a myriad of reasons.

Can a spouce file for bk?

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.

How long does a couple have to be married to file taxes jointly?

There is no time limit. If you are married during the tax year, you can file jointly.

What happens to a business that is jointly owned by a married couple if they get divorced?

The matter would have to be resolved in the terms of the dissolution of marriage petition, division of marital property in accordance with the laws of the state where the couple are residents or in some cases where the property is located.

Are Personal Guarantees Needed For Small Business Administration 7(a) Loans?

Yes. Any business owner with 20% stake or greater must personally ensure the loan. If a couple jointly owns a combined 20% from the business, then both must guarantee.

If a married couple is separated should they live together or apart?

If a married couple is separated, then they should always live apart.

What are the benefits to a married couple filing their income tax jointly?

A married couple filing their income tax jointly generally will owe less tax than a couple who file separately, but not always. A lot depends on the amount of income each spouse reports.

Can a married couple file bankruptcy separately?

They can file separately only if the accounts on which they are filing are separate accounts. If the accounts are joint accounts, they must file jointly. In other words, if both the husband and the wife are on the account they cannot file separately.

What is an estranged spouse?

separated couple

Can married couples file bankruptcy separately in Illinois?

A married couple can file for bankruptcy separately in Illinois, as it is not uncommon for one spouse to have a significant amount of debt in their name only. However, if spouses have debt they want to discharge that they're both liable for, they should file together. Otherwise, the creditor will simply demand payment for the entire amount from the spouse who didn't file. When a married couple face bankruptcy, they can file jointly, one can file while the other doesn't or they can file separately at the same time.

Are Personal Guarantees Required For An SBA 7(A) Loan?

Yes. Any business owner with 20% stake or more must personally guarantee the business loan. If a married couple at the same time jointly owns a combined 20% of the business, then both must guarantee.

When you marry someone who has filed bankruptcy do you also take on the bankruptcy?

No, however the person's bankruptcy would be a contributing factor if the couple applied for joint credit such as a morgage.

How much income tax on 24000 filing jointly for a married couple?


How does the IRS view judgment of separate maintenance -- is the couple considered married filing jointly?

No. You may not filed a Married Filing Jointly return if you are legally separated and that decree has been finalized by the last day of the tax year. Your options are either Single or Head of Household, depending on if you have any dependents that would qualify you for a Head of Household filing status.

How long will bankruptcy prevent a foreclosure?

Bankruptcy will prevent a foreclosure but you still have to reaffirm the loan and begin paying or the bank will repossess your house regardless of bankruptcy. Bankruptcy temporarily halts the process for up to a couple months.

How does a dismissed bankruptcy affect your credit?

A dismissed bankruptcy will affect your credit, but not severely. It may only lower it by a couple points or so.

Can a lien be placed on jointly owned property in Alabama?

Whether or not it is possible depends upon how the deed to the property is worded. It also depends upon if the property is owned jointly by a married couple.

Is is good for a separated married couple to live in the same house or separate houses?

No it is not right, for a separated married couple to live in the same house. As chances of fights are more likely.

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.

What banks offer accounts for those that have declared bankruptcy?

There are a couple of banks that offer accounts for those that have declared bankruptcy. Wells Fargo and TCF Bank offer accounts for those who have filed bankruptcy.

Can you file for divorce after filing bankruptcy?

of course you can. One does not inhibit the other. If you filed for bankruptcy as a couple, then the bankruptcy will proceed during the divorce, it just may complicate things. If you filed for bankruptcy as an individual then there should not be too much of an issue because you were only filing for bankruptcy as to your individual debt.

If a spouse files for bankruptcy will assets such as property that are in the name of the of the other spouse only be seized?

Property belonging to the bankruptcy petitioner is subject to seizure and liquidation in a chapter 7 bankruptcy unless it is designated exempt under federal or state law. Jointly owned marital property is subject to seizure depending upon the state in which the bankruptcy is filed and status of the property in question. Property only in the name of the non filing spouse cannot be seized by the bankruptcy court or attached by creditor action unless the married couple reside in a community property state (and that can sometimes be subject to appeal. Chapter 13 is a consolidation bankruptcy in which the petitioner retains all their property as long as the terms of the 13 are followed.

How can a home be protected when it is jointly owned by a married couple and only one spouse files for bankruptcy?

It depends upon how the property is titled and the homestead exemption allowed. In community property states the home of a married couple will become a part of the bankruptcy if it was acquired during the marriage and if it is not covered by the homestead exemption. In non CP non TBE states a home is not at risk as long as it is protected by the homestead exemption and only one spouse is the debtor/filer. In states that allow property to be held as TBE by married couples the home would not be subject to BK action regardless of the homestead exemption amount when only one spouse is the debtor/filer. FYI, it is advisable for married couples living in community property states to file a bankruptcy jointly even if only one spouse has incurred the debt.

In California are lottery winnings considered cummunity property if the couple is separated?