FAQ

Who can file for bankruptcy?

Any individual or business owing money to a creditor can file for bankruptcy.

I originally filed Chapter 13 bankruptcy, but I want to file for Chapter 7 instead. Am I permitted to change from one chapter of bankruptcy to another?

Yes, typically you are permitted to convert a case one time to any other chapter for which you are eligible. While the change may be accomplished with a simple notice, complications can arise.

My spouse is filing for bankruptcy but I am not. How does this work?

Your spouse can file for bankruptcy without you, however you could still be responsible for the debts. Discuss this option with a skilled personal bankruptcy attorney before making a decision.

I am divorced. Does this protect me from creditors if my former spouse files for bankruptcy?

No. You can be held accountable for any debts you co-signed on with your former spouse while married- even if your divorce decree assigns the full debt to your ex. However, your divorce decree may detail any potential recourse you can take against your ex-spouse should he default on loan obligations.

I co-signed on a loan for my brother. Can I be held responsible for the debt if he declares bankruptcy?

Yes. If the principal on a loan- in this case, your brother- declares bankruptcy, the lender can require you as co-signer to make payments on the loan.