Divorcing Spouses File a Chapter 7? A “joint case” is one filed “by an individual… and such individual’s spouse.” “Spouse” is not defined in the Bankruptcy Code, but presumably refers to someone who is legally married to the “individual.”
So, if you and your spouse are contemplating divorce, you CAN file a Chapter 7 “straight bankruptcy” jointly.
But Should You File Together?

Credit counseling and post-bankruptcy debtor education courses must be taken by every individual that files for Chapter 7 bankruptcy or Chapter 13 bankruptcy, with few exceptions.
 
PRE-BANKRUPTCY CREDIT COUNSELING
The pre-bankruptcy credit counseling class includes information on credit counseling opportunities and provides assistance in performing a budget analysis. This consumer bankruptcy counseling is an opportunity to understand the personal budget process and learn simple ways of tracking income and expenses.
 

What is Zombie Debt?
Zombie Debt, also referred to as Stat debt or Out of Statute debt, refers to debt that is very old or no longer owed. Effectively, these debts have “come back from the dead” to haunt you again. Debt scavengers are debt collectors who purchase zombie debt from a source – the original creditor, a successor creditor who bought the original creditor’s debt, or even from another debt collection agency – often for pennies on the dollar, and who attempt to collect the debt from the debtor.

We get it. You want to co-sign a student loan or feel like you should anyway. After all, you want to help anyone in your family get an education and it’s just co-signing. If they make all the payments, everything will be fine. The reality is that co-signing these loans can put you in a place where bankruptcy will be your only option.

By Emma G. Fitzsimmons

When going through a divorce, you can be left with different types of obligations. The most common is a domestic support obligation, such as child support or alimony, but you can also be made responsible for your spouse’s separate debts after divorce, usually as part of the property division.

Two important sets of CFPB amendments to its RESPA and TILA mortgage servicing rules go into effect April 19, 2018. These amendments expand the rights of those inheriting homes, awarded a home in divorce, or otherwise succeeding in interest to a mortgage loan.

Do not ignore your debts–even if you think they are gone or “charged off”.

After Bankruptcy, check your credit score Most people have a credit score of about 620 a couple months after bankruptcy.  That’s from a study by the Philadelphia Federal Reserve Bank. a few years ago.  (I saved the complete study here.)  And here’s the full size  Chart that shows how scores recover.   What’s your after bankruptcy […]