Tri-Cities Joint Bankruptcy Lawyer for Married Couples
Filing for bankruptcy can place extra stress on a marriage. You should not have to deal with the added stress of worrying whether you should file for bankruptcy jointly or just have one spouse file. At Brent Sorenson & Associates P.C., we can help alleviate your concerns and discuss the options that will be best for your situation.
If you are married and considering filing for bankruptcy, contact a Tri-Cities joint bankruptcy lawyer for married couples or call 509-590-4627 for a free initial consultation.
Determining Your Options
It is not required that both spouses file for bankruptcy, but it is often recommended that you do so. Washington is unique in that it is one of only a few "community property" states. This may have an impact on whether it is advantageous to file jointly or separately. Married couples may want to consider filing separately if:
- They have been recently married and one spouse had significant debts prior to the marriage. The other spouse is likely not liable for these debts.
- A couple has been married for a few years and one spouse had filed for bankruptcy previously. The spouse who had filed may not be eligible to file again so soon.
- When one spouse files, creditors generally cannot collect from the nonfiling spouse once payments have been discharged. This also allows the nonfiling spouse to file for bankruptcy in the future if necessary.
In general, it is not advantageous to have one spouse file separately if there are debts that both spouses are liable for. If only one spouse files in this situation, then creditors can go after the nonfiling spouse to try and collect on the full amount owed. In community property states such as Washington, property acquired by the filing spouse and the nonfiling spouse after bankruptcy is considered community property. This property is protected from the nonfiling spouse's creditors. Experienced attorney Brent Sorenson can help explain your options.
Call for a Free Initial Consultation With a Spokane Bankruptcy Lawyer
Whether you want to file for Chapter 7 or Chapter 13 bankruptcy, jointly or separately, we can help. Contact a Spokane bankruptcy lawyer or call 509-590-4627 for a free initial consultation.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
