QUESTION
Can a spouse file for bankruptcy without the other party being involved?
Asked on Feb 25th, 2012 on Bankruptcy - Michigan
More details to this question:
I received a letter pertaining to my wifes bankruptcy case. We are seperated but not legally since January 2012.
11 ANSWERS
Bankruptcy Attorney serving Hayward, CA
at
Carballo Law Offices
Update Your Profile
Yes.
Answered on May 30th, 2013 at 9:02 PM
Bankruptcy Attorney serving Hampton, VA
at
Haven Law Group, P.C.
Update Your Profile
Yes.
Answered on May 30th, 2013 at 9:02 PM
Bankruptcy Attorney serving Livonia, MI
at
Charles J. Schneider, P.C.
Update Your Profile
Yes.
Answered on May 30th, 2013 at 9:01 PM
Yes it is possible to file bankruptcy without the spouse.
Answered on Mar 05th, 2012 at 3:12 PM
Bankruptcy Chapter 7 Attorney serving San Diego, CA
at
Law Office of Asaph Abrams
Update Your Profile
Community assets are a big part of the equation here. You should seek your own counsel that specializes in bankruptcy to see how you may be affected by her filing.
Answered on Mar 02nd, 2012 at 10:03 PM
Bankruptcy Attorney serving Concord, CA
at
William Rubendall Attorney at Law
Update Your Profile
Either spouse can file their own bankruptcy petition. Some exemptions are not available to the filer unless the nonfiler signs a spousal waiver.
Answered on Feb 29th, 2012 at 10:54 AM
Bankruptcy: Creditor Attorney serving Grand Island, NE
at
Milner Neuhaus & Judds
Update Your Profile
Yes, one spouse may file for Bankruptcy protection without a joint filing by the other spouse. If you also have debt and anticipate divorce, you should speak to an attorney at once regarding the adverse effects of your spouse filing without you. If you are ordered to pay debts in the divorce, and your ex-spouse could be liable for them in the event of your default, you will not be able to later discharge them in a Bankruptcy action.
Answered on Feb 29th, 2012 at 10:48 AM
Chapter 7 Bankruptcy Attorney serving Lisle, IL
at
Mankus & Marchan, Ltd.
Update Your Profile
Each of you can file bankruptcy individually even though you are still legally married.
Answered on Feb 29th, 2012 at 10:05 AM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
at
Law Offices of Deborah A. Stencel
Update Your Profile
Yes, she was entitled to file bankruptcy without you.
Answered on Feb 28th, 2012 at 10:31 PM
Domestic Relations Attorney serving Huntsville, AL
at
Ferguson & Ferguson
Update Your Profile
One spouse can file a bankruptcy without involving the second spouse at all. However if you have lived together in the last six months then all the household income information has to be provided to the Court. In addition if you have joint debts then the non-filing spouses has to be notified of the bankruptcy filing.
Answered on Feb 28th, 2012 at 10:27 PM
Yes, that is allowed. A married couple does not have to file a joint case, individuals alone can file as well.
Answered on Feb 28th, 2012 at 10:09 PM