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Yes. According to an announcement made by United States Attorney General Eric Holder on February 8, 2014, the United States Bankruptcy Courts will give legally married same sex couples the same status as other married couples in federal legal matters. In the United States, bankruptcy falls under the jurisdiction of the federal courts.
The decision applies to married same-sex couples seeking federal benefits. It extends federal privileges to same sex couples even in states that do not recognize same sex marriage as long as they were legally married in another state.
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Do both parties on a joint mortgage have to file bankruptcy on a joint mortgage?
No, both parties on a joint mortgage do not need to file bankruptcy. They can file a joint bankruptcy or a single bankruptcy.
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.
Can a woman file for bankruptcy after she is married and not include her spouse who went bankrupt 4 years 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.
Can I file for bankruptcy by myself if I am legally separated?
Yes, you can always file as an individual. All joint liabilities will be emburdoned on the spouse, but this may be changed by a divorce decree, and enforced by that.
Can only a spouse file chapter 7?
A married person may file for bankruptcy without including a spouse. The particular circumstances governing the situation will dictate whether this is or is not a wise decision. Property held in joint names such as a house may not be protected from inclusion in the assets to be distributed merely by reason of being in joint names with a spouse.
If you are currently in bankruptcy with your husband can you come out of bankruptcy and your husband stay in?
The joint Bk would have to be voluntarily dismissed by both parties and then refiled as a single bankruptcy after the required waiting limit for filing is reached. When married couples reside in CP states it is best that they file a joint BK to allow full protection for both. In non CP states where only one spouse is the debtor the best choice is usually for only the debtor spouse to file.
Are you liable for your credit card debt if your husband filed bankruptcy or are you covered under community property debt?
If the couple resided in a community property state both spouse's would have needed to file joint bankruptcy for the debt to be totally discharged. If one spouse did not file, it is quite possible the creditor will hold that person responsible for the debt owed.
Can a man file bankruptcy without his wife's involvement and if he does how will she be affected?
A husband (or wife) may file for bankruptcy separate from his or her spouse. Technically speaking, this should have no effect on the other spouse as they are filing bankruptcy for their separate debts and you will not be held responsible for their debts nor will it be reflected on your credit report, etc. It is important to note that those debts you held jointly will remain with you (the spouse that did not file for bankruptcy).
Can a person file Chapter 7 bankruptcy if their spouse already has?
Yes, you can.
What exactly can be done if spouse does not want to file chapter 7 with other spouse?
File it by yourself. Spouse does not need to file. Any joint debts will become her sole responsibility.
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.
If your wife does not have an income can you still declare bankruptcy?
Certainly. Your spouse does not have to be part of the BK filing. However if there are joint debts, or if you live in a community property state the best option is for both to file.
