What is the difference between a joint bankruptcy filing and an individual filing?
A joint bankruptcy filing in Massachusetts is when two people (for example, a married couple) file for bankruptcy together. An individual bankruptcy filing is for one person only. In a joint filing, the couple is jointly responsible for the debts listed in the bankruptcy petition. Both must comply with all regulations set forth in the Bankruptcy Code and both must appear in court. With a joint filing, the couple can choose to have all their debts listed on one bankruptcy petition, meaning the filing fee will be the same regardless of how many creditors are listed. Individual bankruptcy filings, on the other hand, are separate for each person filing for bankruptcy. Each individual must complete their own bankruptcy paperwork, pay separate filing fees, and attend court individually. However, with an individual filing, each person can file different types of bankruptcy. For example, one person can choose to file Chapter 7 and another person can choose to file Chapter 13. Joint bankruptcy filings can simplify the process of filing for bankruptcy because it can save time and stress. On the other hand, individual bankruptcy filings may provide greater flexibility with regard to the type of bankruptcy filing you choose. Ultimately, the choice of a joint or individual bankruptcy filing depends on the individual situation.
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