Hummelstown, PA asked in Bankruptcy for Pennsylvania

Q: What different types of property fall under "tenancy by the entirety" in Pennsylvania for bankruptcy Chapter 7 filings?

In filing a Chapter 7 bankruptcy in Pennsylvania, does tenancy by the entirety apply to just real estate, or does in apply to bank accounts, personal property like clothes or furniture, vehicles, etc.? I'm married but I want to file only for me, not both my wife and I.

In order to take advantage of tenancy by the entirety, do I have to file the bankruptcy using Pennsylvania exemptions, or federal exemptions, or either?

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1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
Answered
  • Consumer Law Lawyer
  • Cary, NC
  • Licensed in Pennsylvania

A: Tenancy by the entirety is a concept that applies only to the ownership of land.

Pennsylvania allows you either to claim the federal exemptions or the state law exemptions. I don't know what you own, but the state law exemptions are limited to: $300 in any one bank account, clothes, work uniforms, a Bible and a sewing machine. Not very generous. Under the federal exemptions, you get much more including exemptions for a car and land. Take the federal exemptions.

You can file a chapter 7 on your own. However, if your wife is not included, then no debt on which she is personally liable, either alone or with you, will be discharged. So unless the debts are solely in your name, it might be better if she were a part of this. Also, there is now a means test to see if you qualify for a chapter 7. If you earn too much money, then you cannot file at all. Your spouse's income, if any, would have to be factored into the means test amount.

You can only exempt things under the bankruptcy which you either own solely or jointly with another person.

By asking questions here, it suggests to me that you have no idea what you are doing. Before you end up making costly mistakes, I strongly recommend that you get a bankruptcy attorney in your area. Many attorneys give free consults and you should take advantage of that just so that you can find out what the bankruptcy entails and what it will cost. You can then get your questions addressed and the bankruptcy attorney will have the opportunity to more fully go over your and your spouse's income and debts.

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