QUESTION
Can I file for bankruptcy without my wife?
Asked on Sep 02nd, 2011 on Bankruptcy - California
More details to this question:
Can I file for bankruptcy, but not have my wife file for bankruptcy? We have separate debts from before marriage (credit cards and car loans), and I want to file for bankruptcy on my debts but she does not want to file on hers. Is this possible?
23 ANSWERS
Chapter 13 Bankruptcy Attorney serving Beaverton, OR
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Law Offices of Alexzander C. J. Adams, PC
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Yes.
Answered on Jun 07th, 2013 at 12:51 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes.
Answered on Jun 07th, 2013 at 12:49 AM
Bankruptcy & Debt Attorney serving San Diego, CA
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Jackie Robert Geller Attorney at Law
Yes, totally possible.
Answered on Jun 07th, 2013 at 12:48 AM
Yes.
Answered on Jun 07th, 2013 at 12:46 AM
Yes.
Answered on Jun 07th, 2013 at 12:45 AM
Debtor's Rights Attorney serving Atlanta, GA
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Theodore N. Stapleton, P.C.
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Yes.
Answered on Jun 07th, 2013 at 12:43 AM
Family Law Attorney serving Hackensack, NJ
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The Law Offices of Stuart Jon Bierman
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Yes, you can file for bankruptcy even if your wife does not want to do so.
Answered on Sep 06th, 2011 at 3:43 PM
3 Awards
Yes, but its silly. Shes liable for your debts as you are liable for hers. She should file with you so that all of your household debts are addressed at one time.
Answered on Sep 06th, 2011 at 9:07 AM
It is possible for one spouse to file for bankruptcy but not the other but whether that is a prudent action is another question.
Answered on Sep 05th, 2011 at 8:58 PM
Bankruptcy Chapter 7 Attorney serving San Diego, CA
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Law Office of Asaph Abrams
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Married persons may file separate voluntary petitions, however, community property is part of the bankruptcy estate, and the non-filing spouse's income is factored in. In addition, a waiver of the right to claim certain state exemptions may be advisable. In short? Whether or not one spouse intends to file, both spouses should consult with counsel. The above answer may not address all issues related to the question, and may pertain to California law.
Answered on Sep 05th, 2011 at 8:45 PM
Consumer Bankruptcy Attorney serving Worcester, MA
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Law Offices of James Wingfield
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Yes! Of course you can file for bankruptcy with or without your spouse. However, most couples have at least some joint debt. If there is joint debt you should understand that while you may discharge your obligations to the creditors, your bankruptcy will have no effect on your wife's obligations to those same creditors. Also, you and your wife should understand that your case will need at least some cooperation from her. The bankruptcy code requires that household income be considered when filling out your bankruptcy schedules and your means test (the test to determine whether you are allowed to file a Chapter 7 case, and if you are filing a Chapter 13 a primary ingredient in determining how much your monthly payment will be). None of this will cause her to become part of your bankruptcy case, but it is required that this information be disclosed.
Answered on Sep 05th, 2011 at 7:58 PM
Daniel James Wilson
You can file singly. However, in my experience it is advantageous to file jointly. For example, you say your debts are pre-marriage. If you file a bankruptcy, you are required to list every debt. You cannot pick and choose. If any of your post-marriage debts are joint, your liability will be discharged but your wife will still be liable. Please talk to an experienced bankruptcy attorney who can help you sort this out.
Answered on Sep 03rd, 2011 at 7:07 PM
judith runyon
Yes, but California is a community property state so you will have to list all of your wife's income and assets in your bankruptcy.
Answered on Sep 02nd, 2011 at 8:53 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Either spouse can file a bankruptcy. However, the availability of one set of exemptions is based on whether a spousal waiver is signed. This should not be an obstacle in most marriages but may be an obstacle if the spouses are separated or divorcing.
Answered on Sep 02nd, 2011 at 7:40 PM
Glen Edward Ashman
Yes but her income will determine if you can file, even if she does not. Ask your lawyer to run the means test.
Answered on Sep 02nd, 2011 at 6:58 PM
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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Yes, if debts are separate.
Answered on Sep 02nd, 2011 at 6:57 PM
Criminal Defense Attorney serving Portland, OR
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Jacob D. Braunstein, Attorney at Law
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If a husband and wife have separate debts, they can file separately. However, even if only one spouse files for bankruptcy, the income of both spouses will be counted for purposes of determining eligibility for a Chapter 7 bankruptcy using what is referred to as the "means test."
Answered on Sep 02nd, 2011 at 5:08 PM
Bankruptcy Chapter 7 Attorney serving Fort Collins, CO
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The Salas Law Firm LLC
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Yes you may file seperately; however, your spouse is likely to be held 100% responsible for all debts that are joint debts and some debts that may only be in your name i.e. certain medical bills.
Answered on Sep 02nd, 2011 at 4:53 PM
Bankruptcy & Debt Attorney serving Longmont, CO
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William Edward Zurinskas
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Bankruptcy can be filed by one spouse only, but the filing spouse must disclose the non-filing spouse's income in the schedules. If the family income is too high, the filing spouse may not qualify for chapter 7 bankruptcy.
Answered on Sep 02nd, 2011 at 4:43 PM
2 Awards
Yes it is possible but it comes with certain other potential issues. I recommend discussing with an attorney.
Answered on Sep 02nd, 2011 at 4:43 PM
2 Awards
Yes it is possible. We do have to list the household income on the petition in order to qualify for the Means test. One spouse filing happens all the time.
Answered on Sep 02nd, 2011 at 4:28 PM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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You can file without your wife but her income and all the community property has to be listed in the petition.
Answered on Sep 02nd, 2011 at 4:13 PM