Bankruptcy & Separation/ Filing Costs

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Bankruptcy & Separation/ Filing Costs

Postby nin_fan » Tue Oct 13, 2009 12:53 pm

1- My STBX & I have decided to file bankruptcy. We've been separated since June, but are filing legal separation papers now. We are agreement about the bankruptcy filing and it will be joint. Do you know if there are any issues that will arise since the bankruptcy will be filed after the legal separation papers?


2- In order for our separation to be binding/legal can we just sign the agreement in front of a notary & have it filed at the Register of Deeds or do we have to be seen in front of a judge? If we have to be seen, is there a cost involved with that proceeding?


Thanks in advance for your help! :)
nin_fan
 
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Re: Bankruptcy & Separation/ Filing Costs

Postby Erin Clarey » Tue Oct 13, 2009 1:10 pm

There is no legal separation in North Carolina, and if you are filing for bankruptcy jointly there will be no adverse affect on your separation.

Separation Agreements in North Carolina are valid, binding contracts so long as they are signed by each party before a Notary Public. It need not be recorded with the register of deeds, however you may want to have a shorter version of the agreement (a redacted version called a Memorandum of Separation) recorded if either of you plans to purchase real property prior to obtaining a divorce.
Erin E. Clarey
Attorney with Rosen Law Firm

Ballantyne • Cary • Chapel Hill • Charlotte • Durham • Raleigh • Matthews • Pineville

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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
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Re: Bankruptcy & Separation/ Filing Costs

Postby nin_fan » Tue Oct 13, 2009 2:12 pm

Thanks again for clarifying.
nin_fan
 
Posts: 8
Joined: Fri Oct 09, 2009 1:17 pm

Re: Bankruptcy & Separation/ Filing Costs

Postby Erin Clarey » Wed Oct 14, 2009 9:25 am

You are most welcome.
Erin E. Clarey
Attorney with Rosen Law Firm

Ballantyne • Cary • Chapel Hill • Charlotte • Durham • Raleigh • Matthews • Pineville

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

ROSEN.COM

We aim to be your best option for finding a Raleigh divorce lawyer, Charlotte divorce lawyer, or Durham divorce lawyer

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Erin Clarey
 
Posts: 7662
Joined: Mon Dec 08, 2008 8:50 am
Location: Attorney with the Rosen Law Firm


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