The simple answer is that, though you are allowed to file bankruptcy without your spouse, you may not choose to do so.  The choice is yours.Your bankruptcy may affect your spouse.  In some situations, there is no harm to the non-filing spouse. In others, the benefits to one spouse filing outweigh any harm.  [...]

Popularity: 3% [?]

Many times people who are preparing for bankruptcy are confused about assets which are not theirs alone, or which have not been put in their name yet. An example which comes up often is where a relative dies and leaves property to either one person or a group of relatives. The property is [...]

Popularity: 2% [?]

You know that saying “there’s nothing sure in this life but death and taxes”? You might think that it applies to bankruptcy as well. The bankruptcy code is full of sections giving preferential treatment to the tax collector.
However, many kinds of taxes are dischargeable in bankruptcy. And there are many different kinds [...]

Popularity: 3% [?]

Bankruptcy attorneys are asked this question all the time. The simple answer is that you cannot be sure your co-workers won’t find out about your bankruptcy because all bankruptcies are public record. Most bankruptcy courts report the bankruptcy filings to some kind of local publication, which is not always the local newspaper. [...]

Popularity: 2% [?]

If you file bankruptcy, your obligation to pay your debts will be discharged or “wiped out.”  However, to the extent that your spouse owes any money, he or she will still be obligated to pay joint obligations unless your spouse joins you in the filing of your bankruptcy.  How do you know if your spouse needs [...]

Popularity: 4% [?]

It is entirely possible to get a mortgage after getting a bankruptcy discharge. If you didn’t already own a home when you filed for bankruptcy, then it is more a function of what your payment history looks like after filing, your income levels and the amount of money you have to put down on [...]

Popularity: 2% [?]

If you are wondering whether filing for bankruptcy is right for you then you are probably in over your head. You have three choices:

Stay where you are (stuck in a hole)
Borrow more to try to cover bills (dig a deeper hole)
Take action to get out of debt (find a way out of the hole)

There [...]

Popularity: 2% [?]

The first step in determining whether your qualify for Chapter 7 or Chapter 13 bankruptcy is to look at your Current Monthly Income.  Before you go looking at your pay stub, realize that Current Monthly Income is neither current, nor monthly, not income.  Sounds like a Saturday Night Live skit, doesn’t it?

Well, if Current Monthly [...]

Popularity: 2% [?]

There are two separate courses are required during your bankruptcy case. One of these courses is required before you file for bankruptcy, and the other is required in order to qualify for a bankruptcy discharge.
The first course is a credit counseling class that must be taken within the six months BEFORE your case can [...]

Popularity: 2% [?]

In a significant local opinion, Judge Somma held in the case of In re Sanders, 2007 WL 188676 (Bankr.D.Mass., Jan 23, 2007)(NO. 00-11842-RS) that a mortgage lender’s claim for post-petition fees was barred by laches.  Laches is an equitable doctrine that bars a party from asserting a right when he has delayed too long and [...]

Popularity: 2% [?]