QUESTION

Can a husband file a bankruptcy on his wife? How?

Asked on Sep 09th, 2015 on Bankruptcy - Michigan
More details to this question:
Can a husband file a BK on his wife? My husband said he did though in his paper work it does not show my name.
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5 ANSWERS

Pay a lawyer for an hour or two of their time to review the BK filing with you. You can then get exact answers to your questions.
Answered on Sep 14th, 2015 at 12:07 AM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Except for a rare procedure called an "involuntary bankruptcy", you must consent to filing and sign several documents. If he included you without your consent, he's committed a Federal crime and your name would be prominently displayed on the BK paperwork.
Answered on Sep 10th, 2015 at 5:20 AM

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If your question is whether a husband can file a JOINT bankruptcy petition without his wife's agreeing and signing the various BR papers, the answer is that he may not. If the BR papers do not list you as a joint debtor, then he probably has not done this which would be a crime. It sounds like he is trying to scare you. Be sure, though, that you have reviewed ALL the BR papers. If there is anything which is materially false, and which seems to make you liable for something, contact the case Trustee and the United States Trustee and let them know the true facts. It would be best to consult a lawyer who represents only your interests, not your husband's, to advise and represent you. It's almost always worth the investment. Good Luck.
Answered on Sep 09th, 2015 at 10:43 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Sure, but depending on the nature of the debt, it may or may not be eligible to be discharged, or eliminated, through bankruptcy. 11 USC section 523 is the law that sets out the most common reasons why a debt cannot be discharged.
Answered on Sep 09th, 2015 at 3:15 PM

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Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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That would be a no.
Answered on Sep 09th, 2015 at 2:53 PM

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