QUESTION
Can my soon to be ex wife file bankruptcy without my knowledge and how does it affect the divorce?
Asked on Apr 08th, 2012 on Bankruptcy - California
More details to this question:
My wife file for a divorce and prior to the divorce she filed bankruptcy? Can she do this and how does it effect me.
13 ANSWERS
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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She can do it because she has a constitutional & statutory right to do it.
Answered on Aug 13th, 2012 at 1:01 PM
Trusts & Estates Attorney serving Camarillo, CA
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Law Offices of Larry Webb
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The answer depends on where she files. Here in the Central District a married person can file without any cooperation from their spouse. In the southern district (San Diego) the local rules require a spousal consent regarding the joint exemptions. If you have joint debt, her obligation will be discharged and the lenders will come after you for everything.
Answered on Apr 13th, 2012 at 11:36 AM
Your wife can file Chapter 7 without your permission. If she does, be sure to let your divorce attorney know, particularly if you will be fully responsible for any joint debt.
Answered on Apr 11th, 2012 at 4:53 PM
Yes she can file bankruptcy without you and it affects you if you have joint assets or joint debts.
Answered on Apr 11th, 2012 at 12:35 PM
Insurance Defense Attorney serving Jackson, MI
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Dungan, Lady & Dunga, PLLC
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Yes your wife an file for bankruptcy on her own. It will affect the divorce in that while the bankruptcy case is pending, the divorce court loses authority over the assets and debts involved in the marriage, all property issues will have to be resolved in the divorce case after the bankruptcy case is over. Her filing for bankruptcy may affect you to the extent that if she is discharging her responsibility on joint debts, there will be no one to come after for payment but you. It is often the case that when one spouse files, the other follows because they can't pay all the debt by themselves.
Answered on Apr 11th, 2012 at 12:31 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Either spouse can file their own bankruptcy without the non-filer's permission. Certain exemptions are not available unless the non-filer signs a spousal waiver.
Answered on Apr 10th, 2012 at 6:39 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Her filing a bankruptcy will most assuredly affect you and your divorce. This matter should be discussed with your divorce attorney, who will hopefully be familiar with the effects of such a filing on your rights. If you do not have an attorney, you should engage one immediately.
Answered on Apr 10th, 2012 at 5:34 PM
John R. McNeal
She can file individually anytime. It would only affect you if you were jointly responsible for the debts or affected ownership of marital property. It may be that she can't claim any part of the property of the marriage over the exemption.
Answered on Apr 10th, 2012 at 4:36 PM
Norman Linder Hull
She certainly can file for bankruptcy without your permission; the filing, among other things, will affect the property settlement agreement. Consult a bankruptcy attorney. Avoid petition preparers, as they cannot legally give you advice on bankruptcy or divorce.
Answered on Apr 10th, 2012 at 4:35 PM
Bankruptcy Chapter 7 Attorney serving Los Angeles, CA
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Bereliani Law Firm, PC
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Typically notice needs to be provided to you and have you 'waive' your right to exemptions. This is strictly upheld in the Eastern District of California (Sacramento area) but in Los Angeles the Trustees/Courts do not check if this has been done as much. So, in some circumstances cases can be filed without the spouse knowing about it, unfortunately. I would consult with a lawyer to get more information if this has been done and if you should file your own case. Typically when there is a divorce involved, I recommend a bankruptcy filing to get rid of debt that both parties owed so that with the divorce comes a fresh start and one person is not left obligated on the debt.
Answered on Apr 10th, 2012 at 3:12 PM
Domestic Relations Attorney serving Huntsville, AL
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Ferguson & Ferguson
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Yes, she can do this. If you are a co-debtor on any of the debts with her you will have to pay them.
Answered on Apr 10th, 2012 at 2:07 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Yes, she can file for bankruptcy. I believe she has a duty to disclose that she filed, however. The effect on you would be that you may be obligated to take sole responsibility for the community debts.
Answered on Apr 10th, 2012 at 1:50 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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She can do it. How does it affect you? Well, she may discharge all her debts and community debts as well.
Answered on Apr 10th, 2012 at 1:35 PM