Sunday, June 16, 2019

Filing Bankruptcy With Your Spouse

The Federal Bankruptcy Court allows married couples to file bankruptcy cases jointly. When this is done, it is two separate cases, they are simply administered together. Each spouse has to go through the same process and has all the same responsibilities.

Joint administration does take some of the load off your bankruptcy attorney's shoulders. There is slightly less paperwork than two separate cases. However, for your attorney, the responsibilities are the same. This includes the responsibility to avoid conflicts of interest. Your attorney has to put in extra care to ensure that the needs and desires of the two spouses is aligned. If they are not aligned, your attorney has a responsibility to address that according to the Ohio Rules of Professional Conduct.

Often I have clients who have joint debt with their spouse. When this client files bankruptcy, his spouse become solely liable for that debt--in other words, the non-filing spouse becomes the only one who has to pay the joint debt. For some debts, such as medical bills, Ohio law may require the spouse to pay it. The only way bankruptcy can solve this problem, is if both spouses file.

Our firm offers a significantly reduced rate in our joint filers package--nearly 60% off! At our consultation, we are glad to review whether this is the right move for you.

Call now for a LOJB Financial Consultation Session
: (614) 284-4394

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