QUESTION
Can I file bankruptcy in my old name so I don't involve my new husband?
Asked on Jul 03rd, 2013 on Bankruptcy - Michigan
More details to this question:
I have just been issued a wage garnishment from supposedly a judgement that was issued in 2005. I have recently remarried. Can I file bankruptcy today that will not include my new husband basically just in my old name?
10 ANSWERS
Commercial Litigation Attorney serving Spokane, WA
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Steven Schneider Attorney at Law, P.S.
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You can file separately without your new husband but your debts and assets will include community property debts and assets acquired since marriage. So, you can't just file under your unmarried name, actually both names will appear on the petition.
Answered on Jul 10th, 2013 at 11:16 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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It depends on certain issues.
Answered on Jul 07th, 2013 at 8:28 PM
Stephen M. Goldfarb
You will be required to state you true name and other names that you have used. Your filing a chapter 7 would not affect your husband.
Answered on Jul 05th, 2013 at 6:42 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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No. You have to file in your legal name. If your husband does not file, your bankruptcy should not affect your husband.
Answered on Jul 05th, 2013 at 4:25 AM
Deborah F. Bowinski
You must disclose all names you have used in the six years leading up to your bankruptcy filing. You should really consult with a bankruptcy attorney before making any decisions or taking action. Bankruptcy can be quite complicated and there are many pitfalls for the unwary. It can become even more complicated where there is a non-filing spouse in the picture.
Answered on Jul 03rd, 2013 at 7:22 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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When you file, you must disclose all the names you have used in the 8 names before and up to the date of filing. Nevertheless, that does not mean that you are involving your new husband as spouses can file for bankruptcy relief separately. The bankruptcy filing by one spouse does not show up on the non-filing spouse's credit report. A married person might need to qualify for a Chapter 7 filing based on his or her household in community property states, but may still choose to file separately.
Answered on Jul 03rd, 2013 at 7:19 PM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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No. Some of the trustees are ruthless and this can land you in jail.
Answered on Jul 03rd, 2013 at 7:19 PM
Even if you are married, you can file bankruptcy individually. When you file you have to use your current legal name. If you file a case and you and your husband don't have any joint debts together, it won't affect him.
Answered on Jul 03rd, 2013 at 6:09 PM
No, if you changed your name when you got married, you must include it together will all prior names used in recent years.
Answered on Jul 03rd, 2013 at 4:50 PM
You have to use your name now when filing a case. However, if the debt is old and your new husband is not on it, the case will not affect your new husband's credit.
Answered on Jul 03rd, 2013 at 2:28 PM