QUESTION
Can I file for bankruptcy without my husband's consent?
Asked on Apr 18th, 2013 on Bankruptcy - Michigan
More details to this question:
I am divorced and in the divorce decree, I assumed responsibility for the outstanding debt that we have and agreed to make payments. My ex had been out of work for over a year and had no income, but he refused to file bankruptcy. I am in a position where I can no longer pay the bills and would like to file bankruptcy, but my ex is still refusing to. Can I file without his consent and if so, what would the consequences be to him? Some of the debts I am paying are in both names. I feel like I am out of options if he won't agree to file and the law prohibits me from filing.
13 ANSWERS
Richard hirsh
You have a right to file bankruptcy. You and he are divorced so he has no right whatsoever to stop you. Even if you were married that would be the case. If there are joint debts you are required to pay under the divorce decree, and if those creditors pursue him after your bankruptcy, your ex-husband would have a right to pursue you notwithstanding the bankruptcy.
Answered on Apr 23rd, 2013 at 2:36 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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You can file your separate petition without your spouse's permission. However, certain exemptions are only allowed if you get a written spousal waiver allowing you to take the exemptions in California pursuant to Code of Civil Procedure 703. You should consult with an attorney as to whether to obtain a spousal waiver to be able to do this.
Answered on Apr 23rd, 2013 at 1:02 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Yes, but bankruptcy is a very complicated process. Especially when you are blending divorce and bankruptcy. There are serious issues that will affect you. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Answered on Apr 22nd, 2013 at 2:43 PM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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You can file chapter 7 bankruptcy and discharge your responsibility to the companies. His recourse is to sue you (how likely is that?) to enforce the divorce decree.
Answered on Apr 22nd, 2013 at 2:16 PM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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Absolutely.
Answered on Apr 22nd, 2013 at 2:14 PM
2 Awards
Yes, you can file bankruptcy without your ex husband's consent. You'll have to file a chapter 13 and pay your calculated disposable income into the plan in order to discharge the debt you agreed to pay in your decree.
Answered on Apr 22nd, 2013 at 2:13 PM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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You said you were divorced. Why would you need your ex-husband's approval? You cannot file jointly anyway.
Answered on Apr 22nd, 2013 at 2:09 PM
Bankruptcy Attorney serving Omaha, NE
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Heineman Law Office
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Yes, you can file without his consent. However, a Chapter 7 discharge will not help you with regard to the joint debt. Under the Bankruptcy Code (the Code), a Chapter 7 bankruptcy discharge with not relieve you of an obligation set forth in a divorce decree. So, he must file a Chapter 7 bankruptcy as well. However, a Chapter 13 bankruptcy discharge would relieve you of non-support related obligations under the decree.
Answered on Apr 22nd, 2013 at 2:09 PM
Deborah F. Bowinski
You should consult with a bankruptcy attorney. You can file without him, but without seeing your divorce decree/separation agreement it is hard to predict what would happen regarding the debts in joint name. You can discharge your obligation to the lender but they will be able to try to collect from him. Sometimes, depending upon the language in the separation agreement, there is an obligation to the ex spouse that remains and is not discharged in a chapter 7 case. Sometimes a chapter 13 can be a reasonable alternative to clear that liability as well. Set up a consultation.
Answered on Apr 22nd, 2013 at 2:08 PM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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You don't need your ex-husband's permission to file a bankruptcy petition. You should consult with an attorney to determine the outcome to both you and your ex.
Answered on Apr 22nd, 2013 at 2:08 PM
Bankruptcy Attorney serving Grand Rapids, MI
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David Andersen & Associates, PC
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You can file bankruptcy without a spouse's consent or an ex-spouse. The debts you are describing may be dischargeable only in certain types bankruptcy cases. I recommend speaking with an attorney to go over your situation.
Answered on Apr 22nd, 2013 at 2:07 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes. He would owe any joint debt. You would not.
Answered on Apr 22nd, 2013 at 2:06 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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There will be an interplay between your divorce decree and the bankruptcy law. You really need to see an attorney now before you take any action to determine what your best course of action is.
Answered on Apr 22nd, 2013 at 2:05 PM