Husband and wife joint bankruptcy filing.
Yes, a husband and wife can file a joint bankruptcy case under chapter 7 or chapter 13. When a joint bankruptcy case is filed, only one bankruptcy petition is filed and only one filing fee is paid to the court. However, both husband and wife must complete the required pre-filing credit counseling course and the required post-filing financial management course. The more difficult question is whether or not spouses should file a joint bankruptcy case. A knowledgeable bankruptcy lawyer can assist you in making that decision.
As always, the Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you. Contact us at (516) 858-2620 to arrange a consultation with a bankruptcy attorney.
Please visit our Bankruptcy category to learn more about filing chapter 7 or 13 bankruptcy.
When a person files a chapter 7 bankruptcy case, their non-exempt property (if any exists) is liquidated to pay as much money back to his/her creditors as possible. So, in a chapter 7 case the debtor could lose all or most of his/her non-exempt property.
A person filing a chapter 13 bankruptcy case usually retains his or her non-exempt property. However, he/she is required to pay the value of the non-exempt property to his/her creditors. The determined amount is usually paid by the debtor, through the chapter 13 plan, over 3-5 years.
Don’t be alarmed, many people contemplating bankruptcy have very little or no non-exempt property. However, you should consult with a knowledgeable bankruptcy lawyer if you are thinking about filing for bankruptcy.
Long Island Bankruptcy Attorneys
As always, the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 is here to assist you.
Please visit our Bankruptcy category to learn more about filing chapter 7 or 13 bankruptcy.
Keep in Touch