QUESTION
Can a spouse file bankruptcy without the other spouse's permission?
Asked on Jun 11th, 2013 on Bankruptcy - Colorado
More details to this question:
Can a spouse file bankruptcy while going through a divorce without the approval of the other spouse?
17 ANSWERS
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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Yes, either spouse may file.
Answered on Jun 11th, 2013 at 7:48 PM
Yes, anybody can file bankruptcy on their own, and they don't need permission from their spouse to do so.
Answered on Jun 11th, 2013 at 7:41 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes.
Answered on Jun 11th, 2013 at 7:41 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Yes. The spouse does not need the other's permission. However, there will be an automatic stay against all lawsuits, including the divorce, until the bankruptcy is finalized.
Answered on Jun 11th, 2013 at 7:40 PM
Chapter 13 Bankruptcy Attorney serving Bloomington, MN
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Gregory J. Wald
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Yes.
Answered on Jun 11th, 2013 at 7:40 PM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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There is no requirement that a spouse approve, condone, or join a bankruptcy being filed.
Answered on Jun 11th, 2013 at 7:39 PM
Sanford M. Martin
Of course, a spouse, whether in the process of divorce or separation, can file for bankruptcy relief. Different exemptions apply to a single and a joint filed case, but each person has the right to file for bankruptcy relief.? The petition for a single filer should include only the debts, property, and income of the person filing rather than for the joint household.
Answered on Jun 11th, 2013 at 7:39 PM
Bankruptcy Attorney serving Henderson, NV
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Jeffrey A. Cogan Chartered, a PLLC
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Absolutely, technically, when a married couple files for divorce, it is actually two cases that are administered together. Thus, you can file an individual petition without your spouse or without the spouse's approval.
Answered on Jun 11th, 2013 at 7:39 PM
Sure, but it may not be the smartest thing to do. Spouses don't need each others permission to file bankruptcy.
Answered on Jun 11th, 2013 at 7:39 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, either spouse can file an individual bankruptcy and the fact that there is a divorce pending does not change that fact. On the other hand, your counsel in the divorce proceedings should be made immediately aware so that the divorce settlement or judgment adequately reflects the realities of the future. You do not have a divorce attorney, you should get one immediately. You're welcome to call my office with the details and for an appointment.
Answered on Jun 11th, 2013 at 7:38 PM
Yes. You do not need your spouse's permission to file bankruptcy. It is a good idea to consider the effect that filing bankruptcy will have on a spouse.
Answered on Jun 11th, 2013 at 7:38 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Yes.
Answered on Jun 11th, 2013 at 7:38 PM
Travis Christiansen
You do not need permission to file bankruptcy. You just need to meet the legal requirements to do so.
Answered on Jun 11th, 2013 at 7:37 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Yes.
Answered on Jun 11th, 2013 at 7:37 PM
Deborah F. Bowinski
It is not necessary for spouses to file bankruptcy together.
Answered on Jun 11th, 2013 at 7:37 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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Yes, spouses may file for bankruptcy relief by themselves without the other spouse's "permission". It is each person's privilege to file for relief under the Bankruptcy Code. With that said, the petition for a married person, whether or not filing jointly with his or her spouse, usually looks the same in community property states, such as California, because people qualify as a family and the petition has to have information regarding the income of both spouses and the expenses of both spouses and their family. In other words, you will still ultimately need to get some paystubs from your spouse, but your spouse's name will no be listed as a debtor. Your spouse can file his or her own petition at the same time or later, if needed. Do not let any concern over "permission" stop you from learning about your options. It usually turns out to be less difficult to complete the petition than a lot of our clients believed at first. You simply need to take the first step and the process tends to sort itself out. Oftentimes, we give the other spouse a separate consultation if they want to know the pros and cons of their spouse's filing for relief.
Answered on Jun 11th, 2013 at 7:37 PM