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Should You and Your Spouse File Alone or Together Atlanta, GA

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Should You and Your Spouse File Bankruptcy Alone or Together?

Understanding How the Bankruptcy Laws Affect Married Couples

If you are married and considering filing bankruptcy, you may be wondering whether you should file alone or whether you and your spouse should file together. At Jamie L. Gingold, PC, (Formerly practicing with Gingold & Gingold LLC), we help our clients get answers to this question by looking at the following factors:

  • Most spouses have joint debts. Most mortgages and auto loans are joint debts, and many people’s credit cards have both spouses’ names on them. If both spouses are liable for a debt, it is a good idea for both spouses to file bankruptcy.
  • Both spouses’ incomes must be reported. Whether you file bankruptcy alone or you and your spouse file together, both of your incomes will need to be reported to the bankruptcy court and will play a role in the type of bankruptcy filing you can pursue.
  • Filing bankruptcy will help you establish good credit. Some people think that only one spouse in a household should file bankruptcy so that the other can still have good credit. In fact, if you are unable to repay your debts, filing bankruptcy is usually the first step toward establishing better credit.
  • Get the best results for your family. Often, only one spouse is facing an immediate threat of something like wage garnishment, but the other spouse has serious debt issues as well. Filing bankruptcy together sets the whole family on the right path toward success.

Although we often encourage clients to file bankruptcy together based on these factors, every case is unique. If you come to our office for a consultation, we can evaluate your family’s situation and advise you on whether it is best to file bankruptcy alone or together.

Filing Joint Bankruptcy in Georgia · Contact Us for a Free Initial Consultation

Our firm is made up of two experienced Atlanta metro area attorneys: Ira D. Gingold, who has been a bankruptcy lawyer since 1971 and Court-appointed Bankruptcy Trustee from 1971-2013, and Jamie L. Gingold, who has been practicing bankruptcy, business and real estate law since 2001.

To learn more about filing bankruptcy with or without your spouse, contact us today at (678) 915-2634 or by e-mail to schedule a free initial consultation.

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    Our Client Reviews

    Jamie L. Gingold, PC
    5.0 / 5.0

    Based on 28 reviews

    Jack L.

    They did an excellent job with my case. Jamie took the time to really listen and understand things. She delved into the details and was extremely knowledgeable and non judgmental. Very professional and they know what they are doing. Would definitely recommend!

    Karen B.

    Dear Mr Gingold, There are so many reasons to be thankful for all you have done and will do. Anyone who has ever had unfavorable experiences with an attorney or the legal system will feel the trepidation that I experienced once I realized that my situation seemed hopeless. It was by chance and happily good luck that I decided to put my future and sanity into your hands. I was mortified at having to deal with my debts by claiming bankruptcy. I remember in our first meeting how you assured me that I was not alone and should not feel ashamed. And, anyone in this position obviously does not have money to spare and you were clear about all the costs and allowing me to pay according to my own ability to do so. You advised me in all aspects of the law, but also, you were at each meeting incredibly supportive and complementary of my personal and professional plans. Anyone else in this situation should feel blessed to have access to your expertise and support.

    Lyla B.

    I thought the process of filing bankruptcy was going to be a difficult one. However, Gingold & Gingold treated me with respect and dignity from the moment I walked through their door. I had the pleasure of working with Jamie. She is very responsive, professional, and knowledgeable. She took the time and listened to my every concern and handled each and every one of them to my satisfaction. My experience with filing bankruptcy under Gingold & Gingold's representation exceeded my expectations in a major way. They gave me such a peace of mind. I am very pleased with my decision of going with Gingold & Gingold to represent me when I filed Chapter 13 bankruptcy.

    Julie T.

    Wow! I am finally out of debt and can say that I am debt free after completing my chapter 7 bankruptcy case with Gingold and Gingold. Mr dangled was very knowledgeable and direct with regard to my debt situation. there were no surprises and the case went as I was advised. The staff was also very helpful whenever I had a question. I will definitely recommend them in the future to my friends.

    Julie T.

    I contacted getting old and getting old regarding some old tax debt and credit card debt that I needed to address and had been putting off. miss Irving in the office was very very nice and put me at ease. I met with Jaime Gingold. She was very nice and explained the procedure to me and what would be left owing to the Internal Revenue Service and the State of Georgia after my case was done. My case has now been completed and I am on my way to a new start. Thank you Gingold and Gingold for all of your help.

    Anna T.

    Amazing! Outstanding!! They went over and beyond..I would recommend them to anyone needing a lawyer!!

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