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You live in Florida can you file bankruptcy on your debts with out it affecting your husband?

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βˆ™ 2006-08-28 16:07:30

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You can file bankruptcy individually instead of jointly but if your husbands name is on some of the accounts it may effect him. You would need to speak to an attorney and explain your situation in detail to get the right answer.

2006-08-28 16:07:30
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Related Questions

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 priority debts be included in bankruptcy?

You don't have a choice, ALL debts must be included in your bankruptcy petition. Oh, also, priority debts cant be discharged in a bankruptcy.


What happens when a bankruptcy trustee uses an unexpected inheritance the petitioner receives to pay off debts a judge had ordered the ex-husband pay off at prior divorce proceedings?

The debts are paid off and the bankruptcy is closed or any remaining debts are discharged. Assuming the petitioner was the ex-wife who received the inheritance, the divorce court order still stands, and the ex-wife may file a contempt action in divorce court to have the ex-husband pay the ex-wife the amount used to pay the debts. He may even be liable for some or all the costs of the bankruptcy if his failure to pay the debts led to the bankruptcy.


If your husband files for bankruptcy does it include you also?

This depends on two things. Are the debts joint and do you live in a community property state? If they are his debts alone and you do not live in a community property state you are not responsible. Therefore you do not need to be a part of bankruptcy proceedings. If however they are joint debts and/or you live in a community property state you are equally responsible for the debt(s). And it would be in both of your best interest to file a joint bankruptcy.


At what point in a Chapter 7 bankruptcy is it considered final with no new debts eligible for discharge?

When you file for Chapter 7 bankruptcy, you are responsible for listing all of your debts. Some debts are generally not dischargable (i.e. child support, most taxes, student loans, secured debts, etc.). When you receive a discharge for dischargeable debts, the discharge generally applies to debts listed in your bankruptcy filing and any subsequent amendments. The discharge does not apply to date incurred after you filed bankruptcy and generally does not apply to debts that you failed to list in the bankruptcy.


Can collection agencies pursue you for debts incurred after you have filed a bankruptcy?

NO NOT IF THE DEBTS ARE IN THE BANKRUPTCY. If they are included in the bankruptcy, give them your case info/ lawyer's name. After that they can be fined if they continue to call. If the depts are incurred after the bankruptcy then yes they can.


Can new debt be collected after bankruptcy?

Yes, the debts protected under a bankruptcy proceeding are enumerated when bankruptcy is filed. Any debts accrued by the bankrupt party in the future are not protected by a previously filed bankruptcy.


Is it possible to go bankruptcy only on one of your property if you own several?

No.. bankruptcy when you have many debts and no assets can be liquidated for you to pay your debts..


Do all of your debts have to be listed in your bankruptcy filing?

Yes, if you deliberately fail to enter a debt on the bankruptcy schedule the BK can be dismissed with prejudice. When petitioning for your own bankruptcy you should disclose all of your debts. However, certain debts such as fines and Student Loans cannot be included in the bankruptcy.


After bankruptcy are you still liable for old debts?

It depends on which debts are discharged in your bankruptcy. There are several types of debts, such as student loans, which consistently persist through bankruptcy. Moreover, you may be liable even for debts that traditionally are discharged, such as credit card debts, where there is even of bad faith and manipulativeness on your part, i.e. you racked up thousands in credit card debt in the days before filing for bankruptcy.


If you live in one state and have debts in different states can you file Chapter 13 Bankruptcy on all debts including them?

Yes. Bankruptcy is a Federal Government function. It effects debts in all states.


Can a spouse be reimbursed for debts that were discharged in bankruptcy as part of the dissolution of marriage terms?

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.


Can you file bankruptcy on your deceased spouses debts?

No.


What is the difference between secured and unsecured priority or nonpriority claims in bankruptcy?

Secured debts take priority over unsecured debts in a bankruptcy proceeding.


If I file chapter 7 and my husband doesn't can they take the money out of a joint checking account?

No. As long as you are filing for bankruptcy by yourself, your money with your husband will remain joint. Keep in mind that any debts you may share with your husband will remain with him as well.


I had traffic tickets from 7 yrs ago that were sent to collections C O of the court I filed for Chapter 7 Bankruptcy those debts were discharged under the bankruptcy do I still owe the debts?

If tickets were discharged after filing for bankruptcy then someone would not owe on these debts.


Is it possible to declare bankruptcy while purchasing a home in order to reduce credit card debt without it affecting the loan approval?

No. The bankruptcy will for certain be dismissed with prejudice. The premise being, if the consumer had the money to purchase a house, they had the money to pay previous debts.


Does a perkins loan get forgiven in a bankruptcy?

List all of your loans and debts. They are all covered in your bankruptcy.


How do you know if your bankruptcy is discharged on your credit report?

Bankruptcy does not get discharged. Debts are discharged. The bankruptcy will remain on your credit report for 10 years from the date of filing. The debts that were discharged can remain for 7 years from the date of discharge, showing a zero balance and that they were discharged in bankruptcy.


Does declaring bankruptcy wipe out icbc debts?

yes


What does a bankrupt discharge?

The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.) Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are: a. Debts for most taxes; b. Debts that are in the nature of alimony, maintenance, or support; c. Debts for most student loans; d. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; e. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle while intoxicated; f. Some debts which were not properly listed by the debtor; g. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; j. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts.


If your husband dies are you responsible for his debts in Florida?

The wife is not directly responsible unless she is on the insurance or contract. Most courts would rule that the spouse benefits from the debts and can be held responsible. The estate should pay the debts before she can inherit anything.


Does a will supersede bankruptcy?

Different things for different purposes. Death ends bankruptcy. Death does not end debts...debts will be paid before your will is acted on...even if it uses something your will wanted to go to someone else....your debts come first.


Can you claim bankruptcy for medical debt?

Yes, but you must list all debts, not just medical debts.


If you have a loan with your thrift savings at work do you have to file on it if you file bankruptcy?

You need to include all of your debts in the bankruptcy.