We recently filed a chapter 13 case for a married couple. Suddenly and tragically, the husband died. What could we do? Well, it turns out to be not so simple. Married People Filing Jointly Really are Two Cases with One Bankruptcy Case Number Most of the time, married couples think of themselves as filing just [...]
Marriage and Debt
All too often money problems lead to divorce. So it’s normal that a bankruptcy (or two) will be part of the picture. Should you file bankruptcy first, or wait until the divorce is filed or concluded? A good question. The answer depends entirely on where you live and what issues need to be resolved. A [...]
If you are planning on filing for bankruptcy soon after moving out of your marital residence, there are some potentially serious issues to consider. While filing for bankruptcy soon after separating from your spouse and leaving your home is entirely permissible, you should be sure you are fully aware of the consequences, particularly if you have equity in your [...]
Domestic support obligations are the top priority in any bankruptcy case. They come ahead of taxes and every other type of of unsecured claim. So if a person files a bankruptcy case, other creditors get nothing until back child support and alimony is paid in full.
Most community property states are in the South and West. That’s because the idea of community property came from Civil Law in continental Europe rather than from Common Law in England. Some of the Southern and Western states originally were Spanish or French territory. So these states have some legal heritage from those countries, including [...]
#5 What About My Spouse’s Privacy? This continues the series “I’m Filing, My Spouse Isn’t-What Happens?” The series is introduced here. It’s a pity, but your spouse simply won’t have much privacy here. It is part of the “bankruptcy contract” so to speak – you must fully and truthfully disclose, disclose, disclose, and in return [...]
