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Questions Answered by Robert L Caplan

4 Answers | Asked in Bankruptcy and Divorce for Ohio on

Q: Do I have to have a finalized divorce before I can file bankruptcy?

I am still legally married. We have lived separately for well over 4 years. I would like to file bankruptcy. I've been told that in order to do so that we both would have to file. He doesn't want to. I need an idea of where to start. Should I start the divorce first or is there a way to do the... Read more »

Robert L Caplan answered on Jul 3, 2019

It is not required that you and your spouse both file a bankruptcy. Bankruptcies are like taxes: You can file married or you can file separate. You also can file a divorce first, and then a bankruptcy. Or vice versa. There is no particular order.

If there are no issues, they...
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1 Answer | Asked in Bankruptcy for Ohio on

Q: I own my property free and clear do to my inheritance. If I file bankruptcy will I be forced to sell my property?

Robert L Caplan answered on Aug 29, 2017

The answer is yes unless you live there in which case it could be exempt. The Bankruptcy court does not care how the property came to be in your name. If you own it, it's yours and part of your bankruptcy estate.

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