Legal Question in Bankruptcy in New York

bankruptcy

Can 1 person in the marriage file bankruptcy in their name?


Asked on 6/26/08, 7:15 am

2 Answers from Attorneys

Christopher Di Giacomo Di Giacomo & Gruss

Re: bankruptcy

Yes. Provided that the debt listed is only in one name. Cannot list the unsecured debt if both parties owe.

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Answered on 6/26/08, 1:30 pm
Nancy Delain Delain Law Office, PLLC

Re: bankruptcy

One spouse can file bankruptcy without including the other spouse in the bankruptcy petition. Both incomes and individual assets will be considered in the case.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 6/26/08, 8:40 am


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