QUESTION
Can I file bankruptcy and my husband not file bankruptcy?
Asked on Jul 17th, 2012 on Bankruptcy - New Jersey
38 ANSWERS
Bankruptcy Attorney serving Hartland, MI
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Law Office of Doug Dern & Associates
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Yes.
Answered on May 29th, 2013 at 1:19 AM
Beth Bizousky Carter
Yes.
Answered on May 29th, 2013 at 1:18 AM
Yes.
Answered on May 29th, 2013 at 1:18 AM
Daniel James Wilson
Yes.
Answered on May 29th, 2013 at 1:17 AM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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Yes.
Answered on May 29th, 2013 at 1:17 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes.
Answered on May 29th, 2013 at 1:17 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes.
Answered on May 29th, 2013 at 1:12 AM
Bankruptcy Attorney serving Atlanta, GA
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Saedi Law Group, LLC
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Yes.
Answered on May 29th, 2013 at 1:09 AM
Family Law Attorney serving Knoxville, TN
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Patel & Eisenhower, PLLC
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You are able to file individually even if you are married. You may want to speak with an attorney to find out if this is the best option for you and your spouse.
Answered on Aug 10th, 2012 at 2:20 PM
Appellate Practice Attorney serving Cheyenne, WY
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Lynn Boak Attorney at Law
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The short answer is "yes," but both incomes have to be considered for means testing, which determines your eligibility to file bankruptcy in the first place.
Answered on Aug 09th, 2012 at 12:11 PM
One spouse can file bankruptcy while the other does not do so. However, the Trustee will ask why the non-filing spouse is not filing, and you will need to have a good reason or fraud may be suspected.
Answered on Aug 07th, 2012 at 10:14 PM
Bankruptcy Attorney serving Grand Rapids, MI
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David Andersen & Associates, PC
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Yes. You are not required to file bankruptcy with your husband; however, you will need access to his income information. Bankruptcy options are based on your "household" income.
Answered on Aug 07th, 2012 at 3:28 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Yes, but you need to make certain that each of you understand the consequences of bankruptcy. Bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answered on Aug 07th, 2012 at 12:52 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Either spouse can file their own petition in bankruptcy. However, certain exemptions are not available unless the non-filing spouse signs a spousal waiver allowing the exemptions.
Answered on Aug 07th, 2012 at 12:24 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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It's possible but not favored. Indeed, I think you will have to list all of his income in the schedules. So, it is better for both of you to file bankruptcy.
Answered on Aug 07th, 2012 at 12:04 PM
Immigration and Naturalization Attorney serving Knoxville, TN
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Gardiner & Associates Attorneys at Law
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Yes both parties do not have to file together. However some of his financial information will be used in preparing the petition.
Answered on Aug 07th, 2012 at 11:46 AM
Family Attorney serving Hurst, TX
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Law Office of Eric A. Maskell
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Yes. Each party can file individually.
Answered on Aug 06th, 2012 at 10:07 PM
3 Awards
Yes. You can absolutely file bankruptcy without your spouse filing.
Answered on Aug 06th, 2012 at 9:42 PM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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The answer is yes, if you are married, you can file bankruptcy without your spouse having to file bankruptcy with you. However, if you have been living together and are not separated, your spouse's financial information will still have to be disclosed in your bankruptcy petition.
Answered on Aug 06th, 2012 at 9:05 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It is possible if you have separate accounts, but they will want to know his income and expenses. If these are joint bills he will be responsible for the full amount.
Answered on Aug 06th, 2012 at 8:50 PM
Bankruptcy Attorney serving Grand Rapids, MI
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Hunter Law Offices, PLLC
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Yes. However if you have any joint debts he will not be discharged from them. If you have any joint accounts those will be considered as part of the bankruptcy also.
Answered on Aug 06th, 2012 at 8:45 PM
Bankruptcy Attorney serving Turnersville, NJ
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Law Office of Joseph J. Rogers
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Yes, however the court will take into consideration his income to determine whether you qualify for a bankruptcy. Also if there are debts that are joint in both of your names, he will still be liable for the full balance of the debt.
Answered on Aug 06th, 2012 at 8:29 PM
Yes. But, the court may view all the assets of both of you as if they were before the court (as if they were your assets alone).
Answered on Aug 06th, 2012 at 8:28 PM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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Yes, you are both not required to file bankruptcy. Whether or not it is advisable or needed under the facts of your case would depend on your circumstances, so you should consult an attorney.
Answered on Aug 06th, 2012 at 8:26 PM
Yes. You can file a single case, or jointly... it is up to you.
Answered on Aug 06th, 2012 at 8:22 PM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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Absolutely. There is no requirement in the bankruptcy code that a spouse must be joined in a bankruptcy filing. If you are considering filing and you and your husband have joint debts it might make sense to file a joint petition because there is only one filing fee for a joint petition and a joint petition might discharge joint debts. You should consult with an attorney who will analyze your debt and make an appropriate recommendation to you.
Answered on Aug 06th, 2012 at 4:24 PM
Bankruptcy: Creditor Attorney serving Grand Island, NE
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Milner Neuhaus & Judds
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It depends on the circumstances, but usually one spouse can file alone.
Answered on Aug 03rd, 2012 at 11:31 PM
Yes, you may file individually even though you are married. However, due to community property principles, you will be required to disclose all community assets as well as include your spouse's income for purposes of qualification and determination of an inability to pay your debts.
Answered on Aug 03rd, 2012 at 11:28 PM
Bankruptcy Attorney serving Tacoma, WA
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Brown & Seelye Attorneys at Law
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Yes but in Washington State we are a community property state so any bills that were made while you are married are joint debts. This means that if only one person files they can still go after the other person for any debts incurred while married and can garnish and put liens on houses and bank accounts.
Answered on Aug 03rd, 2012 at 11:26 PM
Yes, it is possible. However, it is not always wise. Fully evaluate things both ways before taking the leap.
Answered on Aug 03rd, 2012 at 11:25 PM
Chapter 13 Bankruptcy Attorney serving Beaverton, OR
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Law Offices of Alexzander C. J. Adams, PC
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Yes you can. You may have to disclose your husband's income however, and that may affect your means test analysis. The means test will determine your ability to file under Chapter 7 or Chapter 13.
Answered on Aug 03rd, 2012 at 11:24 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Yes as long as he is not a cosigner or responsible for any of your debts.
Answered on Aug 03rd, 2012 at 11:23 PM
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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Yes, you can file as an individual even if you are married.
Answered on Aug 03rd, 2012 at 11:21 PM
Bankruptcy Attorney serving Seattle, WA
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Symmes Law Group, PLLC
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Yes, although his income would need to be included if you share a household.
Answered on Aug 03rd, 2012 at 11:19 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
Yes it is possible for one spouse to file for bankruptcy and the other not to, but the non-filing spouses income is still going to be considered when calculating under the means test which determines if one can file a chapter 7 or must file a chapter 13. Recommend that you talk to a bankruptcy practitioner.
Answered on Jul 27th, 2012 at 3:24 PM