QUESTION
Am I able to file without having to list any of his income or personal information?
Asked on Oct 15th, 2014 on Bankruptcy - Washington
More details to this question:
I am newly separated. My husband and I have no joint accounts or anything. I have moved in with family and we haven't filed for legal separation or divorce yet.
10 ANSWERS
When someone files a bankruptcy, detailed financial information must be disclosed. Failure to disclose required information could result in criminal fines and penalties.
Answered on Oct 17th, 2014 at 11:30 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
at
Ronald K. Nims
Update Your Profile
If you're living separately and don't share any finances, you can file bankruptcy without listing his inome. Bankruptcy, for some purposes, considers the last six months income. So, wait six months after you've moved out.
Answered on Oct 17th, 2014 at 10:35 AM
If you and your husband are separated, you will not have to list his income or expenses.
Answered on Oct 16th, 2014 at 7:29 PM
If you are actually separated from your spouse, you can file bankruptcy without including your spouse?s wage records, but do expect the court to ask if you have a legal right to claim child support or alimony. Property owned by your spouse may be considered to be at least partially yours, so expect to face some tough questions if you take this route.
Answered on Oct 16th, 2014 at 7:28 PM
Derek W. Freeman
Yes. You will need to provide household income figures. If you're a household of one, or if you're the sole income earner in your household, then you just list your own income. If you and your husband are not living together, you will need to provide identifying information for your husband, but not his income. You will also need to identify him as a co-debtor on any debts you share. There is a possibility that you co-own assets that are non-exempt. If this is the case, I would wait until the divorce or separation is finalized and the assets are distributed before filing.
Answered on Oct 16th, 2014 at 7:28 PM
Bankruptcy Law Attorney serving Austin, TX
at
Law Office of Susan G. Taylor
Update Your Profile
You can file without listing his income or other information, other than his name in the Statement of Financial Affairs.
Answered on Oct 16th, 2014 at 7:27 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Yes, and an attorney is recommended.
Answered on Oct 16th, 2014 at 8:18 AM
No you have to list all of the household income.
Answered on Oct 16th, 2014 at 8:17 AM
Yes, you can file for bankruptcy without including any of his income or assets, as long as you don't share any assets or debts. If you share debts, you will need to list him as a co-debtor.
Answered on Oct 16th, 2014 at 8:16 AM
Bankruptcy Attorney serving Seattle, WA
at
The Law Office of Marc S. Stern
Update Your Profile
Yes, however, you should wait until the divorce or legal separation is filed so he does not incur any family expenses for which someone might think you liable. It is easier and cheaper to wait than it is to have to defend a law suit.
Answered on Oct 15th, 2014 at 9:12 PM