“How do I declare bankruptcy?”
It’s of course not as simple as that scene in The Office where Steve Carell’s character stands in front of his colleagues and literally “declares” bankruptcy out loud for all to hear. (Ask any other Brooklyn, NY bankruptcy attorney and they’ll confirm this for you as well.)
The first step (not required, but strongly advised given the increased complexity of the bankruptcy process today, thanks to the 2005 law) is to find an experienced and trustworthy New York bankruptcy attorney.
The second step to filing bankruptcy is to figure out if you should file for Chapter 7 or Chapter 13. This is something again that an experienced bankruptcy attorney will able to help you decide. Additionally, you need to list all of your assets and liabilities, as well as income and living expenses, so it’s known what may be available for creditors. And if you intend to file for Chapter 7, then the information is needed to determine whether you pass the “means test” and will be eligible for Chapter 7.
Once these things are sorted out, then the question “How do I declare bankruptcy” can be addressed by completing the bankruptcy petition and submitting it to the Bankruptcy Court. (FYI, an established bankruptcy attorney will have software into which all of this information can be input. On top of that, most lawyers have the ability to file your case electronically right from their desktops.)
“Can I file bankruptcy without my spouse?”
The short answer is “Yes.”
The more complicated issue is figuring out which debts you’re responsible for and which ones your spouse is responsible for. New York is an “equitable distribution” state (as opposed to a “community property” state), which means that each spouse owns whatever they brought to the marriage (including debts) plus half of all jointly owned property.
Additionally, if you are living together, then you must disclose your spouse’s income as well. And if you’re a same-sex couple, then the issues can get somewhat tricky as well, especially given the evolving nature of same sex marriage laws. (A topic for another post, but feel free to get in touch with any questions in the meanwhile.)
Answering the question “Can I file bankruptcy without my spouse?” is another example of where an experienced bankruptcy attorney is crucial to have on your side. Depending on your circumstances, there may be advantages to filing alone or to filing jointly. And it takes good foresight and understanding of the ins and outs of the bankruptcy process to be able to know which one is best for you.
To answer these kinds of questions and any others you have, please feel free to contact Bankruptcy Lawyer Brooklyn Bruce Weiner for a free consultation.
