2 Questions

[ilovemybabees]

What is the name of your state (only U.S. law)? CA

Can a couple file bankruptcy jointly if not legally married?

If I am about to receive a sum of money from an accident claim can that be taken by collectors or does it affect my bankruptcy?

Thanks.

[IsabellaSoriano]

Originally Posted by ilovemybabees

What is the name of your state (only U.S. law)? CA

Can a couple file bankruptcy jointly if not legally married?

If I am about to receive a sum of money from an accident claim can that be taken by collectors or does it affect my bankruptcy?

Thanks.

no. you are not a couple if not married by legal standards.

yes, the creditors can use those funds to correct your debt.

[bigun]

You must be married to file jointly.
Ca. has 2 systems. Both appear to shelter personal injury awards.

[url=http://www.bankruptcyinformation.com/CA_exemp.htm]California Bankruptcy Exemptions[/url]

Most bk lawyers give free or lowcost initial consultatons. SPeak with a few and get all of your options explained.

[ilovemybabees]

So if I have not yet filed bankruptcy does it matter? I owe my attorney $100 then he files. In a bankruptcy do they look at the value of my car and personal items? I had no idea...... So if my car is worth over $1,900 then what???? I'm freaked out now.

[latigo]

1. No, unmarried couples cannot join in one petition in bankruptcy.

2. Yes, there are several separate provisions under the federal bankruptcy code allowing the debtor to claim as exempt certain elements of a personal injury award or claim. They are contained in Section 522(d)(10)(11).

However, it is very critical as to how the award is structured in terms of compensation for pain and suffering, lost earnings both past and future, out of pocket costs, etc., etc.

Plus the claim of exemption must be declared at the time of the filing of the petition.

UNDER NO CIRCUMSTANCES should you attempt this without an experienced bankruptcy attorney. Nor should you file until all the possible exemptions from the injury claim are fully analyzed and if need be the appropriate drafting of any settlement agreement.

But be aware that not every attorney practicing bankruptcy law is familiar with these sections of the code.
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3. “ilovemybabees” needs to find another forum. She obviously knows nothing about this one.

Sax

[bigun]

If you're on the cusp of bk and already have a lawyer, you need to get answers to these questions from him/her.
Absolutely don't file until you understand exactly how this is going to play out.
Don't hesitate to quizz your attorney throughly. He works for you and is responsile for acting in your best interest {within the confines of the law}. He can't do that unless he has all the facts about your case and understands your concerns.