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Filing Joint Bankruptcy

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Joint Bankruptcy Filing in Oregon

Do I file jointly with my spouse or can I just file alone? Every prospective bankruptcy filer in the state of Oregon asks this question. Many Portland and Salem filers just don’t want their spouses involved, particularly if the would be filer just isn’t comfortable with the potential impact it could have on their spouse. [...]


Same Sex Married Couples May Now File Joint Bankruptcy Petitions in Oregon

Attorney General, Eric Holder, has just announced that the U.S. government will now recognize same-sex marriages as equal to traditional marriages in all federal legal matters. Couples legally married in states like Washington where same-sex marriage is permitted will now be able to file bankruptcy cases in Oregon jointly despite the fact that Oregon does [...]


Joint Debtor or Co-Debtor?

Joint Debtor and Co-Debtor sounds like the same thing or same debtor, but they have distinct meanings in bankruptcy. A person who owes money along with you on a given obligation is your  joint debtor; whereas, a person who files bankruptcy with you is your co-debtor. For example, a parent who co-signs a student loan [...]


Community Debt vs. Separate Debt: Make Sure You’re Protected

Your partnership with your spouse has many dimensions. In addition to being an emotional union, it’s important to remember that it’s also a financial union. Debts incurred by either spouse over the duration of the marriage fall on the shoulders of both parties. These “community” debts are only a problem if one spouse is not [...]


Filing Chapter 13 Bankruptcy With or Without My Spouse in Washington?

Unfortunately, there is no simple equation that will reveal whether it’s better to file alone or jointly. The determination will largely hinge on which option allows you to get rid of more debt and keep more of your stuff. Here are some of the factors you should consider: Washington is a community property state and [...]


Divorce Proceedings and Personal Bankruptcy

Finances are unquestionably the cause of many marital problems, but for many couples, claiming personal bankruptcy before divorcing will help them get their financial life back in order. For many of us there remains a poor stigma about bankruptcy, but if financial issues are part of the dissension inside their partnership, personal bankruptcy can certainly [...]


Central District of California Bankruptcy Court Upholds Right of Same-Sex Married Couple to File Bankruptcy Together–Yessss!

In a recent landmark decision, a Central District of California bankruptcy court has upheld the right of a same-sex married couple to file a joint Chapter 13 bankruptcy petition. While a few other bankruptcy courts around the country had previously allowed same-sex married couples to file joint bankruptcy petitions, the California case is noteworthy in [...]


What is the Difference between a Joint Debtor and a Co-Debtor?

Joint Debtor and Co-Debtor sound like interchangeable labels but they are not. A Joint Debtor describes one of two married bankruptcy filing spouses on a bankruptcy petition. The first married filer is listed as the debtor and the married filer is listed as the Joint Debtor. There is no rule governing the order in which [...]


Defense of Marriage Act and Bankruptcy

The Defense of Marriage Act, defines spouse narrowly to only include a person of the opposite sex. Among other things, the Act has been repeatedly cited in efforts to ban same sex married couples, as well as same sex civil union couples, from jointly filing bankruptcy.  As a result, gay married couples and gay couples in [...]


Bankruptcy and Divorce Proceedings

Though you can get divorced whenever you want, it often makes sense to wait until a divorce is completed before filing for bankruptcy. Issues regarding property ownership and responsibilities for personal debt will often be cleared up in the divorce. If you decide to file for divorce in the midst of a chapter 7 case, [...]