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.
It is possible for the married couple to file a chapter 13 or in some instances a chapter 11.
By law, a person (or couple) can only declare bankruptcy every seven years. If you go through with a Chapter 7 bankrupcy, it will take 7 years for it to rotate off of your credit history.
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.
If you have filed for bankruptcy as an individual, rather than as a couple, then you are only filing on your personal debts. Following this logic, only those funds that are yours (so your share of the bank account, if that is possible) will be "up for grabs." Your bankruptcy status should not have an effect on your partner.
It is when an indivdual (or married couple) file for bankruptcy rather than a business or corporation.
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.
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.
When a BK is dismissed with or without prejudice the debtor(s) lose the protection of the automatic stay which will allow creditors to pursue collection action including the filing of a lawsuit. Sometimes debts will be assigned in a dissolution of marriage to one or both parties. Creditors are not legally bound by the terms of a divorce as to which person they can collect the debt from if the debt is jointly held. Likewise, if the couple lived in a community property state terms of a divorce are irrelevant. Both will be held equally responsible for the debts regardless of whether they were incurred individually or jointly.
Once the divorce is final, the couple cannot file a joint petition. If a "decree nisi" has been entered, but the divorce is not yet final, they can still file a joint petition. yah you are right your comments i like it. <a href="http://www.divorcedealer.com/">do it yourself divorce</a>
TBE homestead protection is severed once a spouse dies or the married couple divorce. Therefore the home would be subject to BK laws if it is not protected by the homestead exemption.
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.
The only time you can use vehicles is during the campaign mode in a couple of levels. You can not use vehicles in online play.