Legal Question in Bankruptcy in Pennsylvania
Can both spouses file Chapter 7 independently?
My husband and I each have individual credit card debt. The cards are in one of our names only. The house, cars, and bank account are jointly owned. I was told that we could each file Chapter 7, and keep our property, but it could only be one at a time and it takes about 4 1/2 months for discharge. We each have lawsuits pending from creditors and wondered if we could file concurrently or if there was a way to speed up the process so we could stop these lawsuits.
2 Answers from Attorneys
Re: Can both spouses file Chapter 7 independently?
From the information you provide, you would file one bankruptcy petition jointly. You would list joint debts and assets together and separate debts and assets individually.
Discharge would be in about four months, but the automatic bankruptcy stay goes into effect immediately upon filing.
Your petition would be filed in federal bankruptcy court located in Center City Philadelphia. The typical bankruptcy case involves one appearance before the Trustee in Philadelphia.
If you want to retain me, we would need an initial meeting to review the matter and documents and then one more meeting to review and sign the bankruptcy petition and schedules. I have offices in Philadelphia and Wilmington and can arrange to meet either place. Please call or email me if you want to schedule an appointment.
Re: Can both spouses file Chapter 7 independently?
You don't need to. If the debt is truly not joint, then the real estate will be exempt from all your creditors.
You should speak to experienced bankruptcy counsel as soon as possible.
Feel free to call or E-mail me for a free initial consultation.
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