Legal Question in Bankruptcy in Massachusetts

I have horrible credit, live with my fiance. Do we need to be married to file joint bandruptcy? Also how long after filing can we buy a home?


Asked on 3/31/10, 5:34 am

3 Answers from Attorneys

Steven Striffler Steven R. Striffler Attorney At Law

Yes, you need to be married to file a joint bankruptcy. However, if you are married you do not need to file jointly, you can file separately from your spouse. It depends on the lender.

I suggest that you contact a bankruptcy lawyer in order that you can make an informed decision.

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Answered on 4/05/10, 6:24 am
Daniel Gindes Law Office of Daniel Gindes

Mr. Striffler is correct, you do need to be married to file jointly. It is always wise to talk with an experienced bankruptcy lawyer before making any decision about how to proceed.

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Answered on 4/05/10, 6:27 am
Kara O'Donnell Law Office of Kara O'Donnell

Yes, you do need to be married to file a joint bankruptcy petition. If you both have bad credit you two could consider filing 2 individual petitions.

While no one can predict when you will be able to buy a home, I can tell you that I have a BK client who advised me that her co-worker (a previous BK filer) was able to buy a home 4 years after filing.

Also, in an article 2 days ago in the New York Daily News it was reported that the tight credit market could free up in 18-24 months. That would be a great thing for homebuyers if predictions are correct. http://www.nydailynews.com/money/2010/04/05/2010-04-05_there_is_life_after_bankruptcy_credit_could_thaw_in_1824_months.html

Good luck.

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Answered on 4/07/10, 12:10 pm


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