QUESTION
Can I file for bankruptcy without affecting my husband who I am legally separated from?
Asked on Feb 28th, 2014 on Bankruptcy - California
More details to this question:
Since 2009, my husband and I got a legal separation, with separate maintenance. I live in our home, he bought a mobile home and lives in it on my son's land. I don't want him or his assets involved, I'd rather he not even know about this. Can I file bankruptcy without it affecting him? I have 2 credit cards and payday loans, other bills but I want to keep my pickup payment, not include in this. I always paid bills before they were due until the Indian Casinos got all over the place. I'm in a mess. I take full responsibility, but really stressed out. Thanks.
10 ANSWERS
Yes, you can file without including your husband, or his income and assets. You can keep your pick up truck as long as you are current on the truck payments.
Answered on Mar 04th, 2014 at 4:18 AM
2 Awards
All your assets and debts must be included in your bk. If you and your husband do not hold any debts or assets together then he should not be affected.
Answered on Mar 04th, 2014 at 4:18 AM
Yes, if you are separated you may file bankruptcy without including your spouse or his assets (as long as they are not considered your assets.) You would need to notify him of the bankruptcy only if you owe him money. Your truck payment probably can be reaffirmed but the lender must be notified. Payday loans also have to be listed although if they were very recent, the lender might object to discharging the recent ones. You also have to report any gambling losses you had in the past year. If it was a lot, you need to be prepared to answer questions about it at the hearing. All of these issues are manageable and an experienced bankruptcy attorney can help you through them.
Answered on Mar 04th, 2014 at 4:18 AM
If you and your husband have joint accounts together, your bankruptcy is bound to show up on his credit report and will get his attention. If you and your husband don't have joint accounts together, it won't affect his credit report. However, in a community property state such as Nevada, any property acquired during the marriage is presumed to be community property & the fact that he acquired additional assets after you separated with his earnings is meanless unless the court order of legal separation specifically addresses your property issues.
Answered on Mar 04th, 2014 at 4:16 AM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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You need to see an attorney who can review all of the details of your situation. Your bankruptcy may or may not have an effect on your spouse, depending on the specific details of your situation. In all likelihood, your spouse will find out about the bankruptcy (he will most likely need to be listed as a creditor).
Answered on Mar 04th, 2014 at 4:16 AM
Deborah F. Bowinski
When you file for bankruptcy you are required to disclose ALL of your debts - even the ones you want to continue to repay. There is no such thing as keeping a car loan out if the bankruptcy. As for your husband, the answer depends upon whether there are still any assets in both your names and whether any o your debts are joint with him. You should consider scheduling a consultation with a bankruptcy lawyer to get more information about how the process might work for you.
Answered on Mar 04th, 2014 at 4:15 AM
First, you can file without affecting him. Second, don't make any further payments on any payday loans. They are not only evil but illegal in the State of Connecticut. Tell your friends and family never to engage in any payday loans. Furthermore, because they are illegal to begin with bankruptcy will have no effect upon them as these companies do not follow the law. You also should be aware that most of the payday loans steal and sell your identity with the information you voluntarily gave them. Also, they will pretend to be police, IRS and any other number of intimidating agencies to try and collect on you for all eternity. Never ever use a payday loan, ever!
Answered on Mar 04th, 2014 at 4:15 AM
Information provided doesn't create an attorney/client privilege nor constitute an offer of services and is only general responses to hypotheticals
Debt Settlement Attorney serving Chicago, IL
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Law Offices of Daniel J. Winter
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Yes, you can file bankruptcy without your husband. Whether he finds out or will know or be affected depends on if you have any joint bills with him. Call a bankruptcy lawyer and set up a free consultation, and bring your bills, last 4 years of tax returns, and pay stubs for the last 6 months. Then you can review and discuss how everything would work, and whether your husband will be affected. Then you will know, and won't be as stressed out.
Answered on Mar 04th, 2014 at 4:15 AM
Yes you can but there are look back periods you need to be aware of.
Answered on Mar 04th, 2014 at 4:14 AM
If you are still married, he will have to get notice of the proceeding and your community assets can be involved. However, the community is deemed to have ended at the date of separation.
Answered on Mar 03rd, 2014 at 5:55 PM