Diboll, TX Bankruptcy Law Firms & Lawyers

You must be legally married to file a joint bankruptcy. After the divorce you would each have to file your own bankruptcy case. A married couple who filed for divorce could file a joint bankruptcy if the divorce judgment had not yet been signed by the judge.

When you file a bankruptcy case, the court will want a list of every debt you think you might possibly owe to any person, anywhere in the world. So yes, you should include the unemployment over payment when you file. As to whether or not your bankruptcy case will eliminate that particular debt by discharging it, the answer usually is yes but that answer can sometimes change when a lien has been filed as you indicated has been done. When a lien has been filed, you have to look at the exemptions and compare those to the property before being able to guess. Something else that effect the answer is the timing of when the lien was filed compared to when the bankruptcy case was filed.