Legal Question in Bankruptcy in Illinois

If two people have a mortgage together" and one files bankruptcy does the other have to file too

Asked on 5/12/13, 6:01 pm

1 Answer from Attorneys

Henry Repay Law Offices of Henry Repay

The other owner does not "have" to file. The question is whether it is the best option. Determining that would require an analysis the non-bankrupt person's (at this point) financial situation, including the equity or lack of equity in the home. Bankruptcy may be a necessity or advised as the way to move on.

The scope of this space does not afford an opportunity to assess the situation and advise you. If bankruptcy is going to be considered, I recommend you assemble for legal consultation: (1) your income information for December 2012 through the present, including wages and unemployment during that period; (2) all your bills (copies neatly assembled, back pages included); (3) last four years' tax returns; (4) a credit report (use to obtain free report if not requested in last year); and (5) other information that may apply, such as copies of lawsuits. Call at your earliest convenience to afford the most opportunity in which to be advised about your best course. You are not required to use an attorney in your area.

I do not recommend filing bankruptcy on your own. There are too many complex issues. I have seen several posts on this site for debtors who filed on their own and are seeking counsel concerning complications. Most of them will have a hard time finding an attorney to get involved to unwind the mess without the attorney charging several times what would originally have been paid.

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Answered on 5/12/13, 6:40 pm

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