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It is not necessary for both spouses who do not reside in a CP state to file bankruptcy if there are no joint debts. If there are joint debts then the non-filing spouse will be subject to collection procedures from creditors. On Oct 17th new bankrupcy reform goes into affect and it will be almost impossible for the average consumer to file a Chapter Seven BK.

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โˆ™ 2005-10-17 04:06:42
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Q: When filing bankruptcy does the wife need to be included in everything or just the filer in a non-community state?
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Can a debt to a private individual be included in a bankruptcy petition?

Not only can the be included, they MUST be included. All debts whether to Walmart or Aunt Betsy needs to be included in your bankruptcy filing.


Does filing for bankruptcy re-age delinquent accounts included in?

"Included in" bankruptcy? No. It stops any interest or penalties on unsecured debts. If the bankruptcy fails, the accrued interest or penalties will be added to the account, and the statute of limitations starts ticking from where it was on the date of filing.


When filing bankruptcy can past child support be included?

No. Child support is not dischargeable in either federal or state bankruptcy.


Can home owners association fees be included in a bankruptcy?

Your bankruptcy attorney can help you decide what to include in your filing petition.


Can you buy an automobile just prior to filing bankruptcy and not have it included in the bankruptcy or will it be include also?

Everything...that is all debts and all assets are included. Different priorities are given to each (some, few, things are classifed exempt)...and one is used to satisfy the other.


What can be included in a bankruptcy?

This depends on what type of bankruptcy you are filing for. Chapter 7 bankruptcy is basically liquidation - all of the debtor's assets (besides those which are exempt) are sold to pay off his or her debts so you need to include everything. That being said, not everything will necessarily be discharged (i.e. child support and educational debt etc will remain with you after bankruptcy is completed).


Can HOA dues be included in a bankruptcy?

Your bankruptcy attorney can help you add assessments due and owing up to the date of your filing. Assessments incurred post filing are due and owing.


Is a credit line on your house included in bankruptcy?

That is up to the person filing the bankruptcy. You can include or omit any debt that you choose.


When filing chapter 13 should all debt be included?

when filing any bankruptcy you must disclose ALL debts.


How long after filing bankruptcy can move out of state?

You are not prevented from moving as a result of filing bankruptcy. Filing bankruptcy is not a crime.


How can you get a judgment off your credit report after filing bankruptcy?

If the debt that you were sued over, or the judgment itself was included in your bankruptcy, you only need send a copy of your bankruptcy papers to the credit reporting agencies. The judgment will not "come off", but it should get marked "included in bankruptcy" or "discharged through bankruptcy".


Can a HELOC that is charged-off by the lender be included in a chapter 7 bankruptcy?

It has to be included in a bankruptcy filing. A charge-off is a tax break for the lender. It has nothing to do with whether the debt is still owing.


Can a creditor add an account to your bankruptcy when the account was opened after filing and you didn't include it yourself?

No, debts acquired after the filing cannot be included in the BK petition.


When filing Chapter 7 bankruptcy should a car that is not paid off be included on the schedule of personal property?

no


What happens when filing bankruptcy because of gambling?

What do you mean? Filing bankruptcy is basically the same no matter what the reason for the filing.


Is it possible for one to refinance after filing for bankruptcy?

"It is possible to refinance after filing for bankruptcy. However, there must be a certain interval of time between refinancing and filing for bankruptcy that varies depending on the country you are filing in."


Can rent be included in a bankruptcy?

We were able to include our rent in the state of Pennsylvania. We were not allowed to included any taxes. You should seek the advice of a lawyer though to find out what can and what can not be included in your filing.


Will your credit rating be affected by your partner filing bankruptcy?

If your partner files for bankruptcy and you don't then the bankruptcy will not appear on your credit report. But you will be partly responsible for before bankruptcy filing. Generally filing bankruptcy will affect the credit rating of the individual who filed it.


Does filing bankruptcy on medical bills count against you?

Count against you for what? Filing bankruptcy of any type for any reason will have an effect on you, particularly your credit worthiness And you do not file on any specific bills. YOU go bankrupt on everything you own and everything you owe. No exceptions.


In order to file bankruptcy must you have a bankruptcy attorney?

If you are filing for personal bankruptcy it is not necessary to have a lawyer. If you are filing for business bankruptcy, you must retain a lawyer on your behalf.


Should a Christian file bankruptcy?

Filing bankruptcy has no affiliation with religion. If filing bankruptcy is he best financial options available, then you should do it.


If you are being sued for credit card debt can a judge prevent you from filing for bankruptcy?

No, lawsuits do not prevent a person from filing bankruptcy. The lawsuit will be stopped when the BK is filed and the debt or judgment can possibly be included in the filing. It is at the discretion of the trustee as to whether a BK or any portion of it is allowable according to bankruptcy law. The BK petitioner has the option of appealing any trustee ruling with which they disagree.


What if the debt is incurred after the bankruptcy filing but before the bankruptcy discharge?

When an individual files for bankruptcy, he/she must list down all the creditors and debts that they have. If the bankruptcy has already been filed and the individual has incurred new debt but has not yet been discharged by bankruptcy, that new debt is not included in the bankruptcy discharge. For an official opinion, it is advised you seek legal counsel. It is really important to seek legal advice from the expert about filing for bankruptcy.


How can you find out if a garnishment has been stopped by filing bankruptcy?

Bankruptcy will not stop a garnishment. You cannot set aside civil judgments by filing bankruptcy.


When on disability and listing income for filing bankruptcy do you list the benefits received for your children?

Here is a good rule of thumb--when filing for bankruptcy you list EVERYTHING! And by everything, I mean everything. Courts do not appreciate even unintentional concealments of sources of income. My advice to you is to contact an attorney that specializes in bankruptcy to help you with the application and process. Doing so would answer questions like where to put what and also familiarize yourself with what debts are and are not dischargeable.

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