Can my fiancée and I file bankruptcy together?
When filing bankruptcy and you are married you have the option of filing a joint petition or filing individually. This applies whether you file chapter 7 bankruptcy or chapter 13 bankruptcy. If both parties are going to file, then it is preferable to file together to save the court time as well as save costs for yourself as to filing and bankruptcy attorney fees. If you are not yet married, then you will not be able to file a joint petition.
Are Bankruptcy Laws Different in Every State?
Bankruptcy exemption limits and local rules are different per state, however the general bankruptcy laws are based on Federal Law. There are also local procedural bankruptcy laws that are different per bankruptcy jurisdiction.
How Long Does the Bankruptcy Process Take?
The moment you file your bankruptcy case, your creditors are required to stop harassing you. You will have a court date in about 30 days from the date of filing your case, and you will receive your bankruptcy discharge about 90 days from the date of filing if you are in a chapter 7 bankruptcy case. In a chapter 13 case, your plan may be 3-5 years.
How Many Times Can I file for Bankruptcy?
There is no limit to how many times you may file bankruptcy, however you may only file a chapter 7 bankruptcy after 8 years have passed since originally filing for chapter 7 or 4 years have passed since filing for chapter 13 bankruptcy in order to get a discharge of your debts.
Can I File for Bankruptcy Online?
Most attorneys e-file bankruptcy petitions and you can hire a bankruptcy attorney to file your case for you, even if you are in a remote location. With that said you will need to be able to get information to your attorney online, by mail or by visiting their office. If you file your petition yourself, you may want to talk to your local bankruptcy court to determine what their procedures are.
Can a Chapter 13 Bankruptcy be Converted into a Chapter 7 Bankruptcy?
Yes a chapter 13 bankruptcy may be converted into a chapter 7 bankruptcy if you would otherwise qualify for a chapter 7 bankruptcy. You may keep your car as long as you are not over the exemption limits for your state.
If you have additional questions please call Symmes Law Group today at 206-682-7975