Filing for Bankruptcy as a Married Couple in North Carolina

Understanding Bankruptcy for Married Couples in North Carolina

Filing for bankruptcy is a significant decision for any individual or couple. In North Carolina, married couples contemplating bankruptcy have several options to consider, including whether to file jointly or individually. The consequences of this decision can impact your financial situation, credit scores, and property ownership.

Joint vs. Individual Bankruptcy Filing

Married couples in North Carolina must first decide whether to file for bankruptcy jointly or separately. A joint filing means that both spouses combine their debts and assets into one bankruptcy case. This can be a beneficial choice if both parties have accumulated significant debts together.

In contrast, an individual filing may be more appropriate if one spouse has substantial separate debts. However, it's essential to understand that North Carolina is not a community property state but rather follows the common law system. This means that debts incurred by one spouse are not automatically the responsibility of the other.

Choosing the Right Bankruptcy Chapter

The next step is deciding under which chapter to file. Chapter 7, known as liquidation bankruptcy, allows for the discharge of most unsecured debts but may require the sale of assets to pay creditors. Conversely, Chapter 13 involves a repayment plan over three to five years without liquidating assets.

For example, if a married couple owns a home with significant equity, they might choose Chapter 13 to protect their property from being sold off in a Chapter 7 proceeding.

Exemptions and Property Ownership

In North Carolina, bankruptcy exemptions play a vital role in protecting certain assets from being sold to repay creditors. These exemptions can include equity in your home, personal property, vehicles, retirement accounts, and more. When filing jointly, couples can often double the exemption amounts, providing greater asset protection.

Credit Considerations

Filing for bankruptcy will impact both spouses' credit reports if they file jointly. In individual filings, only the filing spouse's credit is affected directly. However, non-filing spouses may still see indirect consequences if they share joint accounts.

The Means Test

In determining eligibility for Chapter 7, couples must pass the 'means test,' which compares household income against the median income for similar-sized households in North Carolina. If income exceeds the threshold, Chapter 13 may be the only option.

Legal and Financial Advice is Key

Considering the complexities of bankruptcy law and the individual circumstances of each couple, seeking professional advice from a qualified attorney is crucial before making any decisions. They can guide you through the process and help you understand all potential outcomes.