Filing Considerations for Married Couples
If you are married and considering Chapter 7 or Chapter 13 bankruptcy, you have additional issues to think about. To start, you'll have to decide which option works best for you: filing a joint bankruptcy or an individual bankruptcy petition. For most couples, joint bankruptcy will protect more of your property and discharge more debts. But not always. And if you are divorcing or already divorced, you should know how bankruptcy will affect things like child support and debts you both cosigned.
Below you'll find articles explaining how a joint bankruptcy works, considerations to determine which type of bankruptcy is better for you and your spouse (joint or individual), and what happens if you are part of a same-sex married couple.
Overview Articles
Overview Articles
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Filing Chapter 7 Bankruptcy Without Your Spouse: What Happens to Debts & Property?
Learn what happens to debts and property when you file Chapter 7 bankruptcy without your spouse.
Joint or Separate Bankruptcy?
Joint or Separate Bankruptcy?
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Should I File a Joint Bankruptcy With My Spouse?
Married couples have the option to file a joint bankruptcy, but sometimes it's best for one spouse to file alone. Learn more about it.
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Do I need to include my spouse's income on my bankruptcy petition although I'm filing without her?
If you file for bankruptcy without your spouse, you still must include your spouse's income on your bankruptcy forms.
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Should I File for Bankruptcy if My Spouse Has a Good Financial Situation?
Filing for bankruptcy without your spouse might be a good option if you have lots of debts and you'd like to preserve your spouse's credit.
Nolo's Bankruptcy Books
Nolo's Bankruptcy Books
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The New Bankruptcy: Will It Work for You?
Is bankruptcy the right solution for your overwhelming debts? Pick the best strategies for your situation with the information and practical suggestions in this book by best-selling author Stephen Elias.
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How to File for Chapter 7 Bankruptcy
The reliable, up-to-date information in this best-selling book will help you successfully complete your bankruptcy claim without breaking the bank.
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Chapter 13 Bankruptcy: Keep Your Property & Repay Debts Over Time
This comprehensive guide explains the Chapter 13 process, from start to finish.
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