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Posted Jan 31st, 2012
When filing bankruptcy, when is best time for spouse to file?

Additional Details:
I am filing C13 bankruptcy. I initially asked spouse to file with me but she declined, probably
because she did not think I was serious. As I understand it, once I file the debts co-owned by us
will fall on her shoulders and the creditors can''will go after her. I am in the final stages of
getting all of the paperwork together for my attorney to file next week if at all possible. I do
not want to cause my spouse any problems or any undue pain and suffering, but would like to know if
there are any grave circumstances involved with her filing after she learns I have filed and the
creditors go after her for the debts?
Legal Topic Area: Bankruptcy in NC

In Chapter 13 Bankruptcy, if your spouse is also going to file, the best time is when you file your petition. In Chapter 13 bankruptcy since you are repaying most or all of your debt, the lenders usually do not go after a co-debtor as bad is if they filed Chapter 7 Bankruptcy. Furthermore, if you file Chapter 13 bankruptcy and she does not and you receive a discharge, after that point any account that she is a codebtor of could seek a judgment in civil court and still put a lien on your property. If you have a lot of common debts that you cannot repay, she should really file at the same time you are filing.


I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.

Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.

Joseph F. Botelho, Esq.

BOTELHO & ASSOCIATES, LLC
Attorneys At Law

www.massachusettslawyeronline.com


126 Shove Street
Unit 202
Fall River, MA 02724

Office: 888-269-0688
Cell: 508-801-6747
FAX: 877-475-8147

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Answered on Feb 3rd, 2012 at 2:25pm