• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Bankruptcy

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jlc614

Member
What is the name of your state? NY

How does it work if I file bankruptcy and my husbnad does not. How does the court look at belongings? Most of the furnishings in our home are my husbands from before we married? Does chapter 7 include debts that have gone to judgement?
 


Ladynred

Senior Member
Chapter 7 includes ALL debts, including those reduced to judgment. The discharge gets rid of the debt that caused the judgment, then you have a bit of additional paperwork and legal fees to have the judgment vacated.

If you file individually, on YOUR debts, it won't have much of an impact on your spouse .. unless you include JOINT accounts, then it will directly affect him. After the discharge, getting any joint credit will be a hassle.

As for assets, you value whatever you have at garage sale prices, not resale or replacement value. The exemptions for personal property will most likely protect all your things, unless you have some luxury items. Here's a link to the NY exemptions:

http://www.thebankruptcysite.com/exemptions/newyork.htm

Looks like you've got $5000 to use to exempt most of your personal property.. one of the more generous states.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top