Can only one spouse file a Chapter 13 and stop foreclosure on a house owned by both spouses?
Yes. This occurs quite frequently. If one spouse does not need to be in bankruptcy other than for the foreclosure, then that particular spouse can be left out of the bankruptcy. Sometimes, we file Chapter 7 for one spouse and Chapter 13 for the other spouse. This permits the Chapter 7 spouse to get an automobile financed sooner. An attorney should be consulted concerning this type of situation.
Related Questions
- How far in advance of the foreclosure sale do I need to file my chapter 13 in order to stop foreclosure, or if I know bankruptcy will end up my best solution should I just do it right now?
- After having my car repossessed, a house foreclosure or other legal problems, can I still file Chapter 13 and stop these actions?
- Can only one spouse file a Chapter 13 and stop foreclosure on a house owned by both spouses?
