One spouse filing for bankruptcy with only individual debt should not impact the other spouse's credit. However, there are some complexities with regard to exemptions and calculation of household income and expenses when one spouse files without the other. You should seriously consider talking... View More

There's no requirement that you have an attorney represent you in a bankruptcy case. However, unless you fully understand the Bankruptcy Code, exemptions, when to dispute a debt, how to properly complete the forms, your options for addressing secured property and a host of other substantive... View More

Outstanding utility debt is considered unsecured debt, similar to credit card bills and medical debt. Chapter 7 bankruptcy can even provide a little breathing room to prevent disconnection of utilities. However, this is a short-term solution; in order to maintain utility services, the debtor or the... View More

A bankruptcy discharge date isn't scheduled in advance. It sounds like you're talking about a Chapter 13 case, since a Chapter 13 case involves a payment plan spanning 3-5 years.

Assuming that the Chapter 13 plan is completed successfully and the debtor is entitled to a discharge... View More

This is a pretty open-ended question. There are two types of bankruptcy typically used by individuals/couples: Chapter 7 and Chapter 13.

In Chapter 7 bankruptcy, there is no limit on the amount of debt involved, though there is a calculation, called the means test, that is applied to... View More

It sounds like there are two separate issues in play here. First, one spouse being ordered to pay joint debt in a divorce case generally does not relieve the other spouse of the obligation to pay that debt--the divorce court has no power to alter the terms of the contract with the original... View More

Your question suggests that you would benefit from consulting an attorney.

In most cases, when a bankruptcy case is filed, a stay takes effect automatically--there is no need to specifically file for a stay. While it is perfectly legal to file for bankruptcy without an attorney, this can be... View More

This isn't a question that any attorney is going to be able to answer for you in an online forum. The answer you're looking for would be legal advice, and can only be offered within an attorney-client relationship. Given what's at stake, it would be in your best interest to consult a... View More

You're not required to have an attorney to file bankruptcy, but if you are not familiar with the intricacies of the bankruptcy process, the applicable exemptions, what property may be at risk, the different types of bankruptcy available, etc. then you may find that it costs you more to attempt... View More

No. If the underlying debt can be discharged in bankruptcy (and most unsecured debts such as medical bills, credit card debt, old utility bills, etc. can be), then the debt can still be discharged if there is a lawsuit in progress, or even if the debt has already been reduced to judgment.... View More

Balance on hand is the amount of money that the Chapter 13 trustee has collected but has not yet distributed to your creditors.

*Kevin Chern is Managing Partner of UpRight Law, a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He... View More

The best source of advice on this issue is your fiancee's bankruptcy attorney.

Eligibility for Chapter 7 bankruptcy is based on income during the six months preceding filing, However, there are potential complications that should be discussed with the attorney handling the case. For... View More

Personal liability for mortgage debt (though not the lien on the property) can be discharged in Chapter 7 bankruptcy. Likewise, a deficiency judgment may be discharged in bankruptcy after the judgment is entered. Depending on the specific circumstances, there may be advantages to filing in advance... View More

I think what you're really asking is whether credit card debt that has been reduced to judgment can still be discharged in bankruptcy. The answer is yes.

If you're considering bankruptcy based on a debt that has recently been reduced to judgment, don't delay in talking to a... View More

The Bankruptcy Code allows a debtor to file a motion to compel abandonment of an asset, if that asset is "burdensome to the estate" or "of inconsequential value". If the trustee has been unwilling to voluntarily abandon the asset, he or she may oppose the motion and attempt to... View More

The state of Texas allows an individual debtor to exempt up to $30,000 worth of personal property, of which up to 25% ($7,500) may be jewelry. Note, though, that the value of the jewelry counts against the aggregate personal property exemption, which includes a number of other types of personal... View More

What you're describing is commonly referred to as a "default on filing" or "ipso facto" clause. Often, these clauses are not enforceable in bankruptcy court, but the treatment of such provisions by courts hasn't been entirely consistent. If the contract for your home... View More

Generally, the bankruptcy of one spouse does not directly impact the other spouse's credit report/credit score, even if the couple is married at the time of the bankruptcy. There are some exceptions, such as when joint debts are involved in the bankruptcy, but those would not come into play... View More

A default judgment is entered when someone fails to respond as required to a lawsuit or legal proceeding. In simple terms, it means that the case was decided against the party who failed to respond without a trial or hearing, based on the fact that that party did not take the action required of... View More

Selling a home shortly before bankruptcy could easily mean converting an exempt asset (the value in your home, or part of it) to a non-exempt asset that the trustee could claim for distribution to your creditors. Arizona has a large homestead exemption, so the risk could be substantial.... View More