Engaged..can we file jointly?

What is the name of your state? New York
After much consideration we have decided to file Chapter 7 bankruptcy. We have tried consumer credit counceling, budgeting, you name it. It didn't work. My question is....Can my fiance and myself file jointly or do we have to file seperate? All our debt is credit cards. One of these cards is a joint card. We own no property and no house. I own a car (worth less than 2000) and he has a car payment. How does bankruptcy work if you have no assets? What is the usual cost of bankruptcy?
Thank you for your time.

[HomeGuru]

Originally posted by Haponline
What is the name of your state? New York
After much consideration we have decided to file Chapter 7 bankruptcy. We have tried consumer credit counceling, budgeting, you name it. It didn't work. My question is....Can my fiance and myself file jointly or do we have to file seperate? All our debt is credit cards. One of these cards is a joint card. We own no property and no house. I own a car (worth less than 2000) and he has a car payment. How does bankruptcy work if you have no assets? What is the usual cost of bankruptcy?
Thank you for your time.

**A: you cannot file jointly since you are not married.

However, you can marry and then file jointly the next day.

How much does it cost? The costs vary wildly. You can talk to several different attorneys and get several different answers.

Here in Indiana, for example, I charge $700, which includes the $200 filing fee.

The cost of living is greater where you are, so I believe your costs would be higher.

As long as the property you own is valued at equal to or less than your state's exemption levels, none of your property will be subject to seizure or will affect your bankruptcy.

You just have to show that with your income vs. your debts that you cannot make any meaningful dent in your debts.

[HomeGuru]

Nice family memoirs album includes marriage license, wedding photo and BK petition.

does your state recognize common law marriages?

if so, you could complete the elements of a common law marriage and maybe file as married without the need for the formal marriage requirements.

seems like an easy way to save an extra filing fee, but may take away the excitement from any future wedding ceremony, because you'll already be common law married.

[HomeGuru]

Originally posted by anadude
does your state recognize common law marriages?

if so, you could complete the elements of a common law marriage and maybe file as married without the need for the formal marriage requirements.

seems like an easy way to save an extra filing fee, but may take away the excitement from any future wedding ceremony, because you'll already be common law married.

**A: huh? dude, do you really know what you are talking about here?

New York does not recognize "Common Law Marriage". Please check your facts before giving "free advice".

Our poster either needs to marry as Dorene suggested and then file bk jointly or if s/he chooses not to marry right away and hopefully straighten themselves out financially before marrying (which I would strongly recommend) pay the extra expense to file separately. JMHO.

please read my post.

i asked if her state recognized common law marriage. then i gave a possibility IF her state did and they met the elements of a common law marriage.

i hope you two (HomeGuru & cyana) aren't trying to say that folks in a legal common law marriage can't file a joint bankruptcy.

[HomeGuru]

[quote]Originally posted by anadude
[b]please read my post.

i asked if her state recognized common law marriage. then i gave a possibility IF her state did and they met the elements of a common law marriage.

i hope you two (HomeGuru & cyana) aren't trying to say that folks in a legal common law marriage can't file a joint bankruptcy.

**A: read my post again dude.

HG and I do not have to defend our posts. The fact is that NY is NOT a "Common Law State", which you would have realized if you took the time to look up the states which recognize common law marriage as I have on more than one occasion. I get my facts straight rather than sending folks on wild goose chases as you would have done by your "free advice".

"Common law marriages are recognized by: Alabama, Colorado, Georgia, Idaho, Iowa, Kansas, Montana, New Hampshire, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, Utah and Washington, D.C.
Some of these have restrictions and only recognize common law marriages performed by a certain date: Georgia, January 1, 1997; Idaho, January 1, 1996; Ohio, October 10, 1991.
New Hampshire only recognizes common law marriages for probate purposes."

This information is from the about.com site, which I then
cross- checked with the NOLO law site.

As you can see, NY is not on the list. I spend many hours researching divorce and bankruptcy law. While I don't care to become as well versed in bankruptcy laws as our lawyers and very talented amateurs, Ladynred and bigun, both of whom have several thousand posts of the bankruptcy boards, I do know a thing or two about divorce, alimony and general family law but not adoption or domestic violence issues so I do not post on those topics.

And yes, since you brought it up, in states that recognize common law marriage you would be allowed to file a joint bk petition as long as you and your domestic partner met the requirements for a common law marriage.

exactly cyana,

by cyana, "And yes, since you brought it up, in states that recognize common law marriage you would be allowed to file a joint bk petition as long as you and your domestic partner met the requirements for a common law marriage."

seems you even agree my "advice" wasn't incorrect, despite your outrage that i didn't know if ny was a common law marriage state, but i figured the initial poster would know that or not, that's why i ask her that question (is it recognized in her state).

You have received the "legal" answer (NY- not Common Law), not just "advice" so let it go. However, you state in your initial post that you live in Alabama. Alabama is a common law state. So I've indirectly answered your question that you asked in this thread.

Ta-ta for now.