Legal Question in Bankruptcy in Virginia

Filing

My husband and I are thinking of going bankrupt,(if we can get a pro bono lawyer, or VA Legal Aide) but if all the bills are in his name except one, and he is the only one with income,(which is disability income from Social Security) does the spouse have to be listed too...Or can he just file by himself...

Also is there a protection from these debts, if not to file bankrupt called Poor Debtors, where everything you have is exempt...Thank you for your time....


Asked on 10/17/02, 9:31 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Filing

If your assets are less than certain exemptions and you have no garnishable income (Social Security is exempt), you may not need to file bankruptcy. The only benefit would be to stop creditor harassment. If you don't mind harassment from your one creditor, you may not need to file even if he does. Consult with a lawyer on this regarding your particular situation.

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Answered on 10/18/02, 10:19 am


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