QUESTION
Am I legally obligated to file Chapter 7 Bankruptcy if my wife does?
Asked on Aug 15th, 2012 on Bankruptcy - California
6 ANSWERS
Legally obligated? No. Want to stay married and on good terms with your wife? Go together to a lawyer and obtain an evaluation of what is best for the family. Maybe the lawyer will tell you that your wife filing and you not is the best thing to do. And maybe the lawyer will tell you doing that is financial suicide. Wouldn't you prefer getting advice from a pro rather than just guessing.
Answered on Aug 19th, 2012 at 6:58 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Either spouse can file their own bankruptcy petition. You don't need the permission of the non-filing spouse. However, certain exemptions are not available to the filing spouse unless they file a spousal waiver signed by the non-filer. The spousal waiver essentially states that the non-filer has no objection to the filer claiming their exemptions.
Answered on Aug 19th, 2012 at 5:21 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Spouses are not required to file jointly, however any community debt would still be owed by the non-filing spouse if they choose to not file for bankruptcy.
Answered on Aug 19th, 2012 at 5:13 AM
Intellectual Property Attorney serving Petaluma, CA
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Law Offices of David P. Gardner
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No, you are not obligated to file Chapter 7 if your wife does. She can file separately, although your income will be taken into account when calculating whether she qualifies for Chapter 7. Also, you will still be liable for 1/2 of all community debts.
Answered on Aug 19th, 2012 at 5:09 AM
No, you are allowed to be a non filing spouse, however, all of your assets and debts must be listed in your wife's bankruptcy schedules.
Answered on Aug 19th, 2012 at 5:01 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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No but if you have joint accounts then you will have to pay the full amount to the creditors. Also, she will need your income information unless you are living separate.
Answered on Aug 15th, 2012 at 4:54 PM