QUESTION
Can I file bankruptcy in my old name so I don't involve my new husband?
Asked on Jul 03rd, 2013 on Bankruptcy - Colorado
More details to this question:
I have just been issued a wage garnishment from supposedly a judgment 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.
6 ANSWERS
The bankruptcy petition should be filed in your current name, and you must also list any other names that you have been known by in the prior eight years. Your new husband does not have to join you in the bankruptcy filing, but his income will have to be included in both your monthly budget and your Means Test (subject to the "marital adjustment"). Experienced local bankruptcy counsel should be able to explain this to you.
Answered on Jul 05th, 2013 at 2:58 PM
Richard hirsh
Any bankruptcy petition would have to disclose both names. But it should not affect your husband in any event if done properly
Answered on Jul 05th, 2013 at 11:39 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Your questions make it obvious that you do not understand the full effect of a bankruptcy.
Answered on Jul 03rd, 2013 at 7:34 PM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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You can file by yourself (without your husband filing). However, if your husband is not filing, you must include information about him (his name, income, etc.). When you file a bankruptcy petition, you use your current name and you must also list any other name that you have used
Answered on Jul 03rd, 2013 at 4:57 PM
No, you must use your legal name.
Answered on Jul 03rd, 2013 at 4:48 PM
Deborah F. Bowinski
You must disclose all names you have used within the last six years when you file a bankruptcy petition.
Answered on Jul 03rd, 2013 at 4:46 PM