My ex-wife is taking me to small claims for a joint account. I am filing bankruptcy. What can I do?

Related Ads

Talk to a Local Bankruptcy Lawyer

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

searchbox small

Question:

I have suffered through strings of unemployment lately, and it occurred during the separation between my wife and me. The circumstances have pushed my financial situation to the brink, and forced me to file bankruptcy. Now my ex-wife is taking me to small claims court for a joint account too. What can I do in this situation?

Answer:

To correctly file a petition for any type of bankruptcy, the same four things must be incorporated completely and accurately. They are a report of all liabilities and assets, current income and expenditures, executory contracts and unexpired leases, along with a final statement of overall financial affairs.

Any joint accounts should be stipulated within the first required information of liabilities and assets. A bankruptcy case cannot proceed without all of this information determined. So in this unique case, the small claims decision must be completed to settle the exact liability of each party in regard to the joint account, before the bankruptcy procedure can continue.

All that can be done in this situation, is to present any available documentation of the joint account that shows or leads to the distribution of liability on the account. If the small claims decision proves differently from what was recorded in the initial bankruptcy filing, an amendment can be filed to account for the change.

Talk to a Bankruptcy Lawyer to access your financial and legal situation, and find out how best to protect yourself.

LA-NOLO2:DRU.1.6.5.20141022.29090