Princeton, KY asked in Bankruptcy for Kentucky

Q: My husband and ex wife had a vehicle together. And they failed to make the payments. Can my husband file bankruptcy?

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4 Lawyer Answers
Nick Curtis Thompson
Nick Curtis Thompson
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: Yes, we file bankruptcy for just one spouse all the time. The means test does use the income for both spouses to determine whether a Chapter 13 or 7 should be filed but most of the time just one spouse can file.

Tammy Lyn Wincott agrees with this answer

John Robinson
John Robinson
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Shelbyville, KY
  • Licensed in Kentucky

A: Yes, he can file for bankruptcy. However, if he agreed in his divorce to assume responsibility (sometimes referred as "indemnify and hold harmless) for the debt it becomes more complex. If so, his attorney needs to think through the fact that a Chapter 13 discharge eliminates marital obligations that may not be eliminated by a Chapter 7 discharge.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: Yes. But his entire financial situation should be reviewed before any decision is made.

Tammy Lyn Wincott
Tammy Lyn Wincott
Answered
  • Bankruptcy Lawyer
  • San Antonio, TX

A: Most likely yes; however, do not attempt to do so without having a lawyer review everythign first. The information you receive on a public forum is general information and not meanto to substitute for a private consultation that reviews specific facts.

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