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Scura, Wigfield, Heyer, Stevens & Cammarota Blog

Katherine Creenan

Recent Posts

Can I File for Consumer Bankruptcy Without My Spouse?


How Should Married Couples File Bankruptcy?

When filing for bankruptcy, most married couples file a joint petition but a joint filing is not required and both a husband and a wife can individually file a bankruptcy without their spouse.

Each person who files a bankruptcy gets bankruptcy relief for his or her own debts. When one spouse files a bankruptcy petition without the other spouse, for example, a wife files without her husband, her bankruptcy will deal only with her debts and not her husband's debts. Bankruptcy petitions are filed under social security numbers, and her bankruptcy will not include his social security number. If they live in the same household, the husband's income will be considered only to the extent that it is contributed to the household expenses of the filing spouse.

What Happens to My Cosigner If I File Bankruptcy?

question mark in thought bubbles

I often meet both borrowers who wish to file bankruptcy and co-signers who wish to file for bankruptcy. What happens?

Outside of bankruptcy, the rule is that a co-signer can be held liable for any debts the borrower has not paid. When a person co-signs a loan for another, the creditor reports the loan to the credit bureaus and it appears on both the primary borrower's credit report and the co-signer's credit report.

Filing Bankruptcy & Caring for Elderly Parents

elderly person and caretaker

Many people considering bankruptcy already support elderly parents, whether they reside in this country or another country. These people often fear that the bankruptcy court will not permit them to continue to do so, or that expenses for their parents would not be considered as legitimate expenses.

Ask a Personal Bankruptcy Attorney: Pending Workers' Comp is Exempt

So you had a workplace accident and you are temporarily disabled. You are treating with a medical doctor and seeing a physical therapist. A personal bankruptcy attorney has filed a workers compensation claim on your behalf and you are expecting a six-figure award. However, you cannot work and you are falling behind in your bills. Your credit card lenders are calling you relentlessly and you need relief from the harassment as you heal from your accident. You have just been served with a complaint for nonpayment of a credit card bill. 

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