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… Continue reading Can I file bankruptcy without my spouse?

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… Continue reading What bankruptcy do I qualify for

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… Continue reading Can I file bankruptcy with a rental property?

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… Continue reading Can I file bankruptcy without going to court?

Bankruptcy when does it end

Bankruptcy when does it end is a common question.  When you get a discharge in a bankruptcy it is a big step, however, it is not the end of the case.  The Bankruptcy Court will enter an order closing the case that is when your case is closed.  Most of the time the case will… Continue reading Bankruptcy when does it end

Bankruptcy vs debt settlement

Here are a few things that may help you decide if you should choose bankruptcy vs debt settlement. First, you will want to look at all of your debt, not merely credit card debt.  If your debt is mostly unsecured debt then you will need to determine the amount of that kind of debt. If… Continue reading Bankruptcy vs debt settlement

When bankruptcy is removed from credit report

When bankruptcy is removed from credit report? Bankruptcies typically stay on your credit report for around 10 years. It will be removed automatically at the end of that period. A Chapter 7 bankruptcy usually stays for 10 years and a Chapter 13 bankruptcy stays for around 7. Bankruptcy is removed from credit report automatically. According… Continue reading When bankruptcy is removed from credit report