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Some factors which reveal whether to jointly or solely file for Chapter 7 depend on your local bankruptcy jurisdiction, family law issues, the condition of your marriage, the nature of debts, the source of income as well as many other miscellaneous issues. In some cases where an individual files a petition but if the spouses name is mentioned in the accounts one is trying to eliminate in bankruptcy, the spouse may still be held responsible for the debt. This will also depend on the status of your marriage (single or divorced). But for some debts like medical or joint debts, the non filing spouse is also equally responsible. In some conditions it is also advantageous for a couple to file for Chapter 7 through just one spouse.
There is also another situation where a spouse might file for Chapter 7 alone and that when a divorce proceeding is going on. In such a situation, the family court can still continue to hear and decide issues relating to establishing support.
If one spouse files for bankruptcy and the other spouse does not file, then the credit card company will “go after” the spouse who did not file. When spouses obtain a credit card, they usually sign a contract that requires a microscope for reading the terms and conditions. Usually people do not make the effort to read the agreement. The contract holds both parties jointly and severely liable. Basically, this means that if one spouse should die or files for bankruptcy, then the other spouse is liable for the entire credit card debt.
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