Can we still file chapter 7 even if she is a resident in another state? 10 Answers as of July 20, 2017

My mother is on my car lease. I want to file bankruptcy with her but her permanent residence is in other state.

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Stephens Gourley & Bywater | David A. Stephens
You can file bankruptcy. However, your bankruptcy would not eliminate her liability on the lease. Your mother would have to file her own bankruptcy in the state where she resides. You can only do a joint bankruptcy if you are married to the other debtor.
Answer Applies to: Nevada
Replied: 7/20/2017
Ronald K. Nims LLC | Ronald K. Nims
You and your mother must file separate bankruptcies. Only spouses can file joint bankruptcies. Of course in Michigan, children and their parents are often married to each other, so it's common for mother and child to file jointly there.
Answer Applies to: Ohio
Replied: 7/20/2017
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
You can't file bankruptcy with your mother. You would have to be married to her because you can only file with a spouse or registered domestic partner. If she wants to file bankruptcy then it would need to be in her state of residence and the proper district for her county. Please go see a knowledgeable local bankruptcy attorney for advice before you make any decisions.
Answer Applies to: California
Replied: 7/19/2017
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
First things first: you'd benefit from retaining a skilled BR lawyer. It's almost always worth the investment. Second: you may not file a joint case with your mother. Only spouses may file joint cases. This does not keep you and your mother from filing separate cases, and if it seems wise, seeking to have the cases jointly administered, or perhaps, consolidated. Sometimes a person is permitted to file a case where an 'affiliate' has already filed a case. The definitions contained in the Bankruptcy Code do not define 'affiliate' to include a parent.
Answer Applies to: Wisconsin
Replied: 7/19/2017
Garner Law Office
Garner Law Office | Daniel Garner
Doesn't matter. You can still assume the lease in the bankruptcy and list your mother as a co-debtor.
Answer Applies to: Oregon
Replied: 7/19/2017
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