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Answered 2008-08-18 02:18:41

The co-debtor stay is applicable in chapter 13.

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If your husband files bankruptcy and you have no joint accounts will your credit be affected?

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. It helps that you do not have any joint accounts but if you have joint debts then the debt will remain with you and not be discharged with your husbands bankruptcy.


If your soon to be ex-spouse files for bankruptcy and there are joint accounts can you be included as a debtor and clear the joint debts?

Yes. If joint debts are an issue, it is beneficial for both parties to enter into a BK filing. If not the one who is not a party to the bankruptcy will be liable for those debts.


What two sides in a court case are called the?

The Defense and the ProsecutionType of CaseParty1Party2Party 3CivilPlaintiffDefendantCriminalProsecutionDefenseFamily Law / DivorcePetitionerRespondentImmigrationPetitionerApplicantBankruptcyDebtorJoint DebtorBankruptcy (adversarial)DebtorPlaintiffDefendant


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.


Can you and your domestic partner file bankruptcy together?

No. Legal spouses can file for joint bankruptcy, but this does not apply to domestic partners or partners in a civil union. Legally married same-sex couples can file for joint bankruptcy effective June 26, 2013.


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.


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 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.


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.


If you have a joint debt with another individual and only 1 individual files for bankruptcy will it appear on the other individual's credit report?

No, but the full amount of any joint debt will remain valid when included in an individual BK and the creditor can pursue collection from the non-filing debtor.


What is jointly debtor?

When more than one person can be held responsible for repayment of a debt then each is a joint debtor.


Ex spouse filed for bankruptcy and now the lending institution refuses to send a bill out. Is this legal?

Assuming this debt is still a joint debt, the lender should send the non-filing debtor the monthly statements. The automatic stay does not apply to the non-filing debtor. You may need to get a lawyer to get them to stop being stupid. Their billing program may not be set up to separate the notices, but that should not be the debtor's problem.


You were an authorized user on your mothers account not a card holder and after her bankruptcy a collection agency is harassing you?

If you are an authorized user then it is not your debt but your mother's debt. Your mother's bankruptcy discharged (wiped out) the debt in question. The collection agency is not allowed to collect from you as, again, it is not your debt. This would not be the case if you were a joint debtor with your mother.


Are you responsible for your parent debt?

Only if you are a named joint debtor.


Do you have to be married to file joint chapter 7?

NO, you can have a co-debtor.


If your fiancee files a chapter 7 bankruptcy and you get married how will that affect you?

It will only become an issue if you apply for joint credit such as a mortgage, vehicle financing, and so forth.


Is a spouse responsible for debt incurred before the marriage?

No, not directly. Indirectly the non debtor spouse may find that he or she has a shared joint account levied or joint property encumbered by a judgment against the debtor spouse.


If your ex-wife files for bankruptcy can you go after her for not paying on a joint account?

Not if the debt is discharged in the bankruptcy.


Can you change a joint bank account with a parent before chapter 7 bankruptcy in ny state?

Yes you can change a joint bank account before a Chapter 7 bankruptcy. You should have your finances in order before you file a bankruptcy.


In Pennsylvania can a joint bank account be frozen if there is only one debtor?

Yes.


Can a joint Chapter 7 be filed by a divorced couple if most of their debts are still joint?

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.


What happens to your credit if you marry someone who has filed bankruptcy in the past?

If the couple apply for any type of joint financing such as a home morgage it could create difficulties. Other than joint financial transactions the credit of the spouse who was not a party in the BK will not be affected


Can the state of Illinois take your social security if you and your spouse file chapter 13 bankruptcy?

The "current monthly income" received by the debtor includes regular contributions to household expenses from nondebtors and including income from the debtor's spouse if the petition is a joint petition, but DOES NOT include social security income or certain payments made because the debtor is the victim of certain crimes.


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.


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.