Legal Question in Bankruptcy in Utah

what do I qualify

I am about to get married however we have an unfortunate situation were we are both going to have to file bankruptcy the debt includes about 131,000 on a forclosed house that is on both of our names and then I have about 15000 in credit card debt. We both make about 24000 a year

My questions are as follows.

#1 would we be able to file bankrupcy were we won't have to pay any of the balance if we filed togeter or would we have to file were we have to pay some back

#2 which would be better for us both filing while single or file once we get married.

#3 how much does a bankruptcy cost in this situation.


Asked on 6/05/03, 12:42 am

2 Answers from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: what do I qualify

You can both file jointly after you are married, or singly before, it does not matter, other than it is less expensive to file jointly. Your unsecured debt including credit card debt and the foreclosure deficiency will be discharged (you will not have to pay them back). The cost will depend on your attorney.

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Answered on 6/05/03, 9:07 am
Andrew Nichols Law Office of Andrew B. Nichols

Re: what do I qualify

Personally, I believe it is best for you to file jointly after you are married. It would save on fees, etc. that you would have with two separate filings. All of your debt would be "discharged" (a fancy bankruptcy term for eliminate) if you filed a chapter 7 case. I would strongly recommend you file chapter 7 instead of filing a chapter 13 case where payments are made each month to pay towards your debts. I would need to look at your monthly expenses and some other information to determine for sure if you can be successful filing a chapter 7, but I believe you would be. The fees to file a chapter 7 case range between $800 to $1500. Please feel free to call me to discuss your situation in more detail. ph. (800) 303-0720

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Answered on 6/05/03, 1:18 pm


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