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Long Island Bankruptcy Attorney

Joint Bankruptcy Filings

Married couples have special issues that they should take into account when filing for bankruptcy. Although not a requirement in Long Island, spouses have the option to file jointly. This is a special type of bankruptcy filing that allows spouses to file together. Essentially, a joint filing involves two separate bankruptcy cases that are administered as a single case in the interest of judicial economy. Only one filing fee is paid for a joint filing. Discuss your case with our Long Island bankruptcy lawyer.

Deciding Between Individual or Joint Filing

Determining whether you should file individually or jointly with your spouse is an important issue to consider when determining whether to file for bankruptcy. If you and your spouse share much of your debt, it may be in your best interests to file jointly, as your spouse may be held liable for the debt that you share. When you consider that many married couples have joint credit cards, mortgage loans and car loans, filing jointly may be the only way to avoid having one spouse held liable for these debts.

Joint and individual bankruptcy will have different impacts on a debtor depending on whether they file a Chapter 7 or Chapter 13 case. For example, filing a Chapter 13 bankruptcy means that the non-filing spouse may be offered more protection from liability for shared debts. Chapter 7, however, may offer no protection to the non-filing spouse.

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