When you go into business/personal bankruptcy that means you have to give up everything. However, before claiming bankruptcy many people hide things or sell off vehicles to a trusted family member or friend. This way you can actually buy the car back at a later date. People who own companies often put their home, properties, etc., in their wife or husband's name and thus, the courts can't touch these items. Believe it or not, in business (not personal bankruptcy) you can start all over again under other partners or under a different company name. Sad, but true. Personal bankruptcy is much less lenient.
No, both parties on a joint mortgage do not need to file bankruptcy. They can file a joint bankruptcy or a single bankruptcy.
They both go bankruptcy
No. But, it may be in your favor to do both. Check with a lawyer.
You technically should not be able to do both at the same time. The bankruptcy should stop the Foreclosure proceedings in its track.
If you are surrendering your house anyways, it is usually better for your credit score if you do it through bankruptcy. If your house is foreclosed on before you file bankruptcy, then your credit score is hit by both the foreclosure and the bankruptcy. If you let your house go back through bankruptcy, instead, then your credit score is only hit by a bankruptcy.
No, both parties on a joint mortgage do not need to file bankruptcy. They can file a joint bankruptcy or a single bankruptcy.
They both go bankruptcy
Bankruptcy looks worse on your credit report than a late payment. They will both drop your score quite a bit, but a bankruptcy lets your lenders know you gave up on the debts owed, so making it harder to get new loans. You can always try to contact the credit bureaus to try and dispute the negative listings and have them removed if possible.
Vehicles are considered secured debt any action taken such as repossession, lawsuits to recover debt owed, reaffirmation agreement and so forth is strictly up to the lender.
yes
Both have the same negative impact on your credit.
One spouse can file bankruptcy separately and both are held responsible.
The registration determines ownership.
No. But, it may be in your favor to do both. Check with a lawyer.
It will depend on whether you have a house with equity or not, and on the exemption you can claim in your state or if you can use the federal exemptions, and on how much the vehicles are worth. Any equity amount not exempt will have to be paid to the trustee, or the trustee may be able to take and sell one or both vehicles. Talk to a bankruptcy lawyer in your state.
Bankruptcy proceedings are not as clear cut as one would assume. What property is allowed to be kept and what is liquidated depends on many factors. First of all exemption status of the property. Whether the property is secured, jointly owned, etc. It is not ususal for a trustee to allow two paid for vehicles to be kept. But if they are not of reasonable value for sale purposes. Uf the parties involved have a disability (or a dependent does) etc. that can play a part in the decision.
Generally yes, if there is a contract signed by both of you (the lender and borrower) and you include that debt in you bankruptcy filing.