| Joint and Consolidated Cases |
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| A husband and wife can file a joint case under Chapter 7, 11, 12 or 13. Both names are on the same petition and schedules, and only one filing fee is due. Only spouses are allowed to file a joint petition. Former spouses, partners or other relatives do not qualify for a joint petition. Whether a husband and a wife should file a bankruptcy together depends on whether both are liable on the debts involved. Filing bankruptcy generally only protects the person who filed the bankruptcy. Married couples who are jointly liable on most debts should file a joint bankruptcy. More... |
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| Employment Termination Based on Debtor Status |
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| The law provides express prohibitions against discriminatory treatment of debtors by both governmental units and private employers. A governmental unit or private employer may not discriminate against a person solely because the person was a debtor, was insolvent before or during the case, or has not paid a debt that was discharged in the case. More... |
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| Converting a Chapter 13 to Chapter 7 |
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| A Chapter 13 bankruptcy filing may be converted into a Chapter 7 bankruptcy filing. One common reason for converting from Chapter 13 to Chapter 7 is a petitioner's inability to stay current in the Chapter 13 repayment plan. A petitioner may not convert a Chapter 13 to a Chapter 7 if the petitioner has already received a Chapter 7 discharge within the previous 6 years. More... |
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| Property Interests of Debtor and Other Family Members Affected by Bankruptcy Case |
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| Analysis of the extent and nature of the bankruptcy estate is essential to determining what will happen to a debtor's property in bankruptcy, a subject that is often of enormous importance to the debtor's spouse or former spouse and to other members of the debtor's family. More... |
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| Adversary Proceedings |
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| Under Bankruptcy Rules, an adversary proceeding may be filed in a debtor's bankruptcy action for certain specific reasons. Creditors may initiate adversary proceedings to determine the validity or priority of a lien, to determine the validity of a debt, to obtain an injunction, or to subordinate a claim of another creditor. More... |
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