Legal Question in Bankruptcy in Ohio

legal filing

Is it legal for one person to file bankruptcy on their own personal bills alone (in their name alone) if they are married?


Asked on 3/04/03, 12:12 pm

1 Answer from Attorneys

Ernest Ducey Ducey & Riewaldt

Re: legal filing

A married person can file a single bankruptcy for himself, but when filing you have to list all debts that you are obligate on.

Any debt that you are co-signed on must also be listed and the creditor can pursue the co-signer for the entire outstanding balance under a chapter 7. Under a Chapter 13 co-signers are pretected under the Court's automatic stay while the filer is making debt repayments under the Chapter 13 Bankruptcy. This is regardless of whose name appears first on the bill. Both people are jointly and severally obligated for repaying the detire debt.

If you file a single bankruptcy when living with your spouse you must include information regarding the spouse's income and the spouse's expenses.

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Answered on 3/04/03, 12:50 pm


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