QUESTION
Can I file for bankruptcy separately and not have it affect my new wife?
Asked on Apr 06th, 2012 on Bankruptcy - Kansas
More details to this question:
I was recently divorced in November of 2010 and received a Kidney transplant in May of 2011. I have accumulated a large amount of dept due to medical expenses doctor office visits and co-pays. My ex-wife is an accountant and I recently discovered there is approx 15,000.00 in taxes owed from three years worth of taxes. I remarried in February of 2012. Can I file bankruptcy as an individual and not have it affect my new wife at all?
9 ANSWERS
Your new wife is not responsible for your debt, nor will your bankruptcy case be reported on her credit report. That being said, you would need to list her income on Schedule I of your bankruptcy schedules. To make matters worse, if the tax debt is less than 3 years old, and was part of your returns, that tax debt may not be discharged in your bankruptcy case.
Answered on Apr 11th, 2012 at 4:33 PM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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Probably. In Wisconsin, only your debts incurred since marriage are marital debt. It is likely your new wife is not obligated on any of the debts you mention. Her income will be part of the consideration, however. Together the two of you (and any children or others in the home) for a household. Any income contribution to the household from household members is calculated when looking to see whether you can afford to pay a portion or all of your debt. Congrats on the new kidney and good luck!
Answered on Apr 09th, 2012 at 10:05 PM
A bankruptcy will affect your future credit (as I'm sure you know), so that may have some effect on your new relationship. If you file bankruptcy on the medical bills, those are separate property debts that your new wife would not be responsible for or affected by. However, if you have other debts, such as credit card debt, those would also have to be listed on your petition and you may lose your credit cards as a result. You cannot discharge tax debt, so bankruptcy would not help you there.
Answered on Apr 09th, 2012 at 9:02 PM
Bankruptcy Attorney serving Jacksonville, FL
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Robert L. Peters, Attorney
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You are not legally required to file bankruptcy with your spouse. However, you are required to list all household income as well as the household expenses. Keep in mind that if you have any joint debt with your spouse, filing bankruptcy alone will only eliminate your responsibility to pay back the debt and your spouse would still be liable. I highly suggest speaking with an attorney to address whether you should file alone or with your spouse. Most attorney's offer a free consultation. Even if you decide to go it alone, free advice always helps.
Answered on Apr 09th, 2012 at 4:29 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Either spouse can file their separate bankruptcy. The non-filer normally is unaffected by the filing. There are exceptions, such as when there is non-exempt community property that can be sold by the bankruptcy trustee. Contact an attorney for the specific facts in your case.
Answered on Apr 09th, 2012 at 4:16 PM
Bankruptcy Attorney serving Cleveland, OH
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Benson Law Firm
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Yes, you may do that. However, her earnings will be included in determining your household income for purposes of determining whether you qualify to file under Chapter 7 and, if you do not qualify, what your Chapter 13 plan payment will be.
Answered on Apr 09th, 2012 at 12:53 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes. It ought not to affect the new wife.
Answered on Apr 09th, 2012 at 12:33 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally, you can file bankruptcy individually and most probably discharge or have an payment program set for YOUR past debts. As the government make the rules, it is doubtful your taxes will be dischargeable. Your bankruptcy will probably not directly impact your new spouse but, as it will have an effect on you and therefore you life together. You need to see an attorney and explain your individual situation before any firm advise or opinion can be rendered.
Answered on Apr 09th, 2012 at 12:04 PM
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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Yes, it should not affect your wife if you do not have joint debts. Please note that most tax debts are not dischargeable in bankruptcy.
Answered on Apr 09th, 2012 at 11:54 AM