Bankruptcy Filing Considerations
Much of the work that goes into a successful bankruptcy happens before you put pen to paper. Before you or your attorney completes the bankruptcy petition and other paperwork, carefully consider these issues: the timing of your filing, the best way to proceed if you're married, and special considerations for military personnel. You can find out about these issues, and more, below.
Whether you're liable for your spouse's debts depends on your marriage and debt status and whether you live in a community property.
Whether you are liable for your spouse's debts depends on whether you live in a community property or equitable distribution state.
You can file for bankruptcy if you have a job. If you file for Chapter 7, your income can't exceed a certain amount, so the amount you earn matters. In Chapter 13, you must earn enough at your job to pay the amount required by a Chapter 13 plan. Learn why having a job won't stop you from filing for bankruptcy.
If you file for bankruptcy too soon after receiving a previous bankruptcy discharge, you won’t receive another one. Learn how often you can file for bankruptcy and eliminate qualifying debts.
Learn why being unemployed increases the ability to qualify for Chapter 7 bankruptcy but usually eliminates Chapter 13 as an option.
Learn about bankruptcy rules that apply to military members.
Although taking steps to remedy financial issues can be positive, the circumstances surrounding your bankruptcy can affect your chances of joining the military and receiving a security clearance.
Watch out for cross-collateralization with credit union accounts in bankruptcy -- debts you think are unsecured might be secured.
Keeping or losing your tax refund often depends on whether you receive it before or after filing for Chapter 7 bankruptcy. Learn about tax refund options if you anticipate filing for Chapter 7 bankruptcy.
If you are an undocumented immigrant, you can file for bankruptcy if you have a valid Social Security Number or ITIN.
A bankruptcy filing is a public record—find out when, where, and how a bankruptcy case can be viewed.
Except for friends, family, and business associates, most creditors don't get mad when you file for bankruptcy. Creditors know it's a part of doing business. Even so, there's little benefit to telling a creditor that you plan to file for bankruptcy. Find out why, along with some of the pros and cons of providing creditors more information than necessary.
Whether you're liable for your spouse's debts depends on your marriage and debt status and whether you live in a community property.
Not sure if you should file for bankruptcy or divorce first? Here's what to consider.
Learn why filing for Chapter 7 or Chapter 13 bankruptcy will impact the property portion of your ongoing divorce case, but not child custody and support issues.
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