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Your Wife an you jointly filed chapter 13 bankruptcy if you separate will the case be dismissed?
Wiki User
∙ 14y ago
No
Wiki User
∙ 14y ago
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Can you open a separate bank account if you filed for bankruptcy jointly and are now separated from your spouse?
yes...if the bank agrees.
Can a mother and daughter file bankruptcy jointly?
the answer is yes, Yes mother and daughter can file bankruptcy jointly and also you and your husband will file bankruptcy jointly is still accepted as long as its not same sex marriage.
If one spouse filed chapter 7 bankruptcy 10 years ago and the other spouse filed five years ago can you file again jointly?
No.
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).
Your wife and you are preparing to file Chapter 7 bankruptcy and have co-signed everything do you have to file jointly?
You have to file Joint, not only have you both co-signed everything but she responsible legally by marriage.
Who pays if you are in a Chapter 13 bankruptcy with your ex-husband and the trustee drops the bankruptcy?
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.
Can you file bankruptcy jointly in Illinois if you are not married?
Unmarried persons who live together and have incurred joint debts must file separate petitions, but can request that their cases be ordered jointly administered. Also, registered domestic partners do not qualify since they are not legal "spouses" under federal law.
If you own a home and Jointly and your dead beat husband files chapter 13 against your wishes can you sue?
In general (of course there might be a state statute that differs, in the state of jurisdiction for the bankruptcy filing), any citizen can file chapter 7 or 13 bankruptcy individually without consent of their spouse. Probably, you don NOT have a valid cause for action against your spouse in such cases. If I were you, I would read a primer about filing chapter 13 bankruptcy (an excellent book is "The New Bankruptcy, will it work for You?" 3rd edition by Stephen Elias, published in 2009 by Nolo; 346.078 E42N Dewey decimal), and check pertinent state law about a spouse filing bankruptcy individually. Also determine whether your spouse is trying to file jointly while keeping you in the dark -- you can defeat that claim without having to sue, just contact the bankruptcy trustee / judge. If you need legal advise pertinent to your state, then check for a paralegal who specializes in filing bankruptcies as well as a lawyer (such paralegals are just as familiar with bankruptcy processing and pertinent state law, and charge less for their service).
If a spouse files for bankruptcy will assets such as property that are in the name of the of the other spouse only be seized?
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.
How long after getting married do you have to wait to file jointly for bankruptcy?
My spouse and I filed 3 weeks after our marriage. I was told that it could be done immediatly.
When a judgment is awarded against a man and wife and his company and the husband files bankruptcy on the company but the wife is not a party to the bankruptcy can her wages be garnished?
If both persons were sued and a judgment awarded but only the husband filed bankruptcy and included the debt; the judgment can still be executed against any non-exempt property belonging to the wife and perhaps jointly owned property as well. The legal presumption is that the debt is still owed because it was jointly incurred.
If your spouse files bankruptcy will this affect you and your credit?
No. It is similar to your taxes, you have the option of filing jointly. However, if you have been married for awhile and have a lot of joint debt, you should file jointly. No. It is similar to your taxes, you have the option of filing jointly. However, if you have been married for awhile and have a lot of joint debt, you should file jointly because your obligation to repay joint debt will survive your husband's bankruptcy. For example, if your husband has a truck but the truck loan is in both of your names, you will be obligated to take over the entire debt if your husband files bankruptcy.
