QUESTION
Can I file Chapter 7 bankruptcy separately from my spouse whom I am separated from?
Asked on May 05th, 2016 on Bankruptcy - Oregon
More details to this question:
I want to file Chapter 7 bankruptcy separately from my spouse whom I am separated from. What if after the bankruptcy is discharged we get back together. I want to get back together but he doesn't seem interested and since the separation, I cannot afford to pay my debts.
5 ANSWERS
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Yes, you can file a chapter 7 separately from a separated spouse. He will remain liable on any joint debts. If you get back together, then any of your individual debts will be discharged but he'll still have all his debts.
Answered on Jun 07th, 2016 at 7:18 AM
You do not need your spouse's consent to file bankruptcy, and if you resume your relationship with your spouse after the bankruptcy, it is your business, not your creditors. But there are some complications that can result from filing bankruptcy without your spouse, particularly if you both own vehicles that are paid for. You will need experienced legal representation to avoid having a bankruptcy trustee possibly seize property you or your spouse own.
Answered on Jun 01st, 2016 at 7:21 AM
Yes, even someone living with her spouse can file bankruptcy without including him. It's no problem.
Answered on May 30th, 2016 at 6:40 PM
2 Awards
Yes, you may file separately. I highly recommend you discuss the ramifications of doing so with a competent bankruptcy attorney.
Answered on May 30th, 2016 at 6:40 PM