What is the difference between a joint bankruptcy filing and an individual filing?
The difference between a joint bankruptcy filing and an individual filing in Mississippi is that with a joint filing, both parties involved are legally responsible for the debts. In other words, either or both parties can be held liable for any remaining debt after the bankruptcy proceedings are complete. With an individual filing, only one party is liable for the debt. In a joint filing, all parties listed in the filing are affected, meaning that all of their assets become part of the bankruptcy estate. That means any assets that the parties share with each other, such as a house, car, or other property, are considered part of the bankruptcy estate. All joint debts must also be listed in the filing, even if one party is not responsible for the debt. An individual filing, on the other hand, is not as involved as a joint filing. With an individual filing, only one party is affected, so only their assets and debts are listed in the filing. Unlike a joint filing, only the party filing for bankruptcy is liable for the debt in an individual filing. This reduces the risk for the other party, as they aren’t legally responsible for the debts of the other party. Joint and individual bankruptcy filings have their advantages and disadvantages, so it is important to consider all of your options before making any decisions. Speak to a bankruptcy lawyer in Mississippi to discuss the best option for your particular situation.
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