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Archive for September 2018

Can I file bankruptcy without my spouse?

If one spouse files bankruptcy without the other spouse only the filing spouses debts are discharged. If the debts are held jointly, the non-filing spouse will still owe on the debt even after one spouse has filed bankruptcy. The bankruptcy filing will appear on the filing spouses credit report, but should not appear on the…

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What bankruptcy do I qualify for

What bankruptcy do I qualify for was the question I was asked this morning as I entered an elevator this morning.  It seems like a simple enough question that any attorney could easily answer in a moment or two.  The problem is that determining who can file for bankruptcy is one of the more complicated…

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Can I file bankruptcy with a rental property?

Keeping Rental Property in Chapter 7 Bankruptcy Chapter 7 bankruptcy is commonly called liquidation bankruptcy.  Since the appointed bankruptcy trustee has the power to sell your non-exempt assets to pay back your debts and can sell your property to reimburse your creditors. However you are allowed to keep a certain amount of property in Chapter…

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Can I file bankruptcy without going to court?

Can a person file bankruptcy without ever going to court?  If you file bankruptcy you are required to attend something called the meeting of creditors or Section 341 meeting.  This is a proceeding at which the debtor testifies under oath that the information contained in their bankruptcy filing is accurate.  In most jurisdictions the 341…

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