Legal Question in Bankruptcy in Rhode Island

Unmarried stay home mom declaring bankrupcy

I am a stay at home mom with 2 young children. We live with their father and my partner for 7 years, but we are not married. I have a lot of debt in my name only that I am not able to pay because I stay at home with my children. My boyfriend pays the bills. My only asset is the house we live in, I am on the deed but not on the mortgage. Am I going to have a problem declaring bankrupcy because I am unemployed and not married? Because my boyfriend pays the bills, is his income going to be a factor? With the house being my only asset, would we have to sell the house because there is some equity? I appreciate any help.

Asked on 12/20/03, 4:24 pm

1 Answer from Attorneys

Jules D'Alessandro D'Alessandro & Wright

Re: Unmarried stay home mom declaring bankrupcy

Actually it is easier to file bankruptcy because you are unemployed and not married. Marriage and income are both factors that may force you into a chapter thirteen bankruptcy instead of a chapter seven. Your boyfriend’s income will be a factor to the extent that he pays for your living expenses and therefore those payments will have to be reported as income. However, you should still qualify for the bankruptcy. With respect to your house as long as the amount of the equity you have in the house does not exceed the federal or state real estate exemption you will be able to keep the house without any problem. As you can read bankruptcy issues can be complicated but we are very well equipped to handle them. Please contact my office right away (401)353-0440 to make an appointment so we may discuss how we can help you.

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Answered on 12/22/03, 10:36 am

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