QUESTION
Can I file bankruptcy with out involving my husband?
Asked on Sep 24th, 2012 on Bankruptcy - Iowa
More details to this question:
I would like to file on behalf of my own dept for reasons that the dept involved is mine. HIs name is not on any of the dept. He does not have money either, but he has two old cars that mean allot to him and I don't want to risk the fact that he would have to cell them.
1 ANSWER
Bankruptcy Attorney serving Clermont, FL
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Law Offices of Katie M. Stone, P.A.
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Yes, you can file a bankruptcy without including your husband. You would file, "married without declaration of separate households." Are you on the title to those cars? If you are on title, you must account for them as an asset on your bankruptcy petition schedule B; however, they may be exempt using one of Iowa's state exemptions. You will need to check to see what the exemptions are. They may also be exempt as tenants by the entirety. If you are not on the title, you do not have to list them as an asset. You must also account for your husband's income on your petition in the means test. I suggest that you meet with a bankruptcy attorney to better understand your rights. I hope you found this answer useful.
Answered on Sep 25th, 2012 at 2:36 PM