QUESTION

Can I file chapter 7 without my husband if we separate and how long after filing chapter 7 can we live together again?

Asked on Dec 01st, 2012 on Bankruptcy - California
More details to this question:
I qualify for Chapter 7, but with my husband’s income I don't. Most of the debt is in my name. Home is foreclosed. The only way for us is a separation. Once Chap. 7 is filed how long do we have to wait to move in together?
Report Abuse

8 ANSWERS

Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
Update Your Profile
You can move in together the day after you file.
Answered on Dec 05th, 2012 at 4:02 PM

Report Abuse
Bankruptcy Attorney serving Plantation, FL at Moffa & Breuer, PLLC
Update Your Profile
I suggest that you get a second opinion from a bankruptcy attorney who has many years of experience. The test used to ?qualify? people for a chapter 7 case is often mis-interpreted by some people. We?ve had a client with over $1,000,000 a year income file for chapter 7 after other attorneys told her/him they didn?t qualify. Get a second or third opinion!
Answered on Dec 04th, 2012 at 4:50 AM

Report Abuse
Business Litigation Attorney serving Orange, CA at Law Offices of Frank Granato
Update Your Profile
You can file a Chapter 7 alone even without your husband participating.
Answered on Dec 04th, 2012 at 4:49 AM

Report Abuse
Daniel James Wilson
That's called bankruptcy fraud.
Answered on Dec 03rd, 2012 at 1:07 PM

Report Abuse
Bankruptcy Law Attorney serving Livingston, NJ
2 Awards
Being that you will have to produce your tax returns, this is not a really viable option in NJ. Would suggest that you file a Chapter 13.
Answered on Dec 03rd, 2012 at 1:07 PM

Report Abuse
Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
Update Your Profile
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. I am attaching a link to some free videos that explain how bankruptcy works. http://www.dianedrain.com/Bankruptcy/BankruptcyQuestionnaires/BKQuestionnaireInd.htm. There is no cost for the initial discussion. Please take time to educate yourself about bankruptcy and to determine which attorney is the best to assist you in the process. Don't assume the attorney is being completely honest about their experience and capabilities. Check them out. Avoid the attorneys who advertise on TV or profess a 100% success rate in their Internet ads. It costs hundreds or thousands of dollars for these ads and someone has to pay for them - the clients. These attorneys mass produce the work and do not offer the client the hands on assistance that is necessary in a well-planned bankruptcy. Normally these firms assign all or most of the work to paralegals and the client rarely talks to an attorney. When interviewing the attorney ask them how long they have practiced bankruptcy law. Ask what percentage of their practice is focused on consumer work. Ask whether they are experienced in both chapter 7 and chapter 13 cases. Ask the attorney for references. Ask about their policy of returning phone calls. They should be committed to answering specific questions about your situation and help you understand your options.
Answered on Dec 03rd, 2012 at 12:21 PM

Report Abuse
Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
Update Your Profile
While I appreciate that you feel at the end of your rope, what you are proposing to do is called by a very ugly word - fraud. I would suggest that you meet with a local bankruptcy attorney to discuss other ways to qualify to file a Chapter 7, or postpone making this decision until you are at a point that you do qualify for a Chapter 7 without turning yourself into a dishonest person.
Answered on Dec 03rd, 2012 at 12:21 PM

Report Abuse
Bankruptcy Attorney serving Walnut Creek, CA at Alan E. Ramos Law Offices
Update Your Profile
In my humble opinion, what you are suggesting would constitute a bankruptcy crime. I suggest that you find another way to address your situation.
Answered on Dec 03rd, 2012 at 12:20 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters