QUESTION
Can my soon-to-be ex file for bankruptcy by himself or do I have to agree to him filing for bankruptcy?
Asked on Jan 29th, 2013 on Bankruptcy - Delaware
More details to this question:
The bank is foreclosing on the house, neither of us wants it anyway but I don't want to file bankruptcy at all but he does.
24 ANSWERS
Business Law Attorney serving Mount Pleasant, MI
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Office of Michael Hyde PLLC
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A spouse can file for bankruptcy protection individually without the participation or consent of the other spouse. However, if he is excused from the mortgage obligation when he is discharged from bankruptcy, the bank can and will hold you liable for the full mortgage obligation.
Answered on Feb 01st, 2013 at 4:38 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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He has the right to file with or without you, even if you are still married.
Answered on Feb 01st, 2013 at 10:54 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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This will complicate your divorce and you will still be legally liable for al joint debts. See your divorce attorney and if you do not have one, engage one NOW.
Answered on Feb 01st, 2013 at 4:54 AM
Bankruptcy Attorney serving Cleveland, OH
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Benson Law Firm
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Everyone can file bankruptcy on their own. The only issue would be whether your income would be included in the household income should you be living together.
Answered on Feb 01st, 2013 at 12:21 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Anyone, married or not, can file for bankruptcy. There may be some serious consequences to you, depending on where you live. Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Answered on Jan 31st, 2013 at 11:39 PM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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One spouse can file without the other. I urge you to consult a bankruptcy attorney about your options. If you file bankruptcy before the foreclosure, the lender will probably only report the bankruptcy to the credit reporting agencies. And filing might prevent any tax liability. It will make certain that the lender cannot pursue a mortgage deficiency judgment against you if it sells the home for less than you owe (the norm).
Answered on Jan 31st, 2013 at 3:59 PM
You do not have to file bankruptcy with your soon-to-be ex, nor does he need you to consent to his filing. However, if both of you are obligated on the mortgage note and only he files bankruptcy, your obligation on the note will remain while his obligation gets discharged in bankruptcy. If the house is worth less than is owed on it, the bank could then seek a deficiency judgment against you alone. They will not be able to pursue your ex because his obligation on the debt was discharged in bankruptcy.
Answered on Jan 31st, 2013 at 3:58 PM
Bankruptcy Attorney serving Seattle, WA
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Henry & DeGraaff, PS
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You should meet with a bankruptcy attorney to discuss your situation. Unfortunately, if he files bankruptcy on his own before you get divorced, that could leave you holding the bag on most (or all) of the marital debts. If you would be unable to pay the debts on your own, you should consider joining him in the bankruptcy filing. If you have a second mortgage on the home, you will likely be facing collection of that debt after the foreclosure.
Answered on Jan 31st, 2013 at 3:57 PM
Your spouse can file for bankruptcy relief without your consent. Please keep in mind that all cases are different, therefore I would recommend that you consult with an attorney.
Answered on Jan 31st, 2013 at 3:57 PM
No one needs someone elses permission to file bankruptcy. It is less expensive for a married couple to file jointly than for each to file separately, and there can be some negative consequences you may have to face if you decide you don't want to file. But you can't prevent your husband from filing a bankruptcy provided he qualifies to do so.
Answered on Jan 31st, 2013 at 3:56 PM
You cannot be forced to file a bankruptcy, and you cannot prevent him from filing. If he files alone, his debts will probably be discharged and he will have the resulting damage to his credit. Maybe you should consider a short sale of the home since the credit rating companies view it much more favorably than a foreclosure or bankruptcy. I can give you some names of people who can help.
Answered on Jan 31st, 2013 at 3:55 PM
Complex Litigation Attorney serving Costa Mesa, CA
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Thomas Vogele & Associates, APC
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There is no requirement that both spouses file for bankruptcy, even when there are community assets such as a house. If your soon to be ex-husband files for bankruptcy, he will have to list you as a spouse in his statement of financial affairs and a co-debtor on those obligations that are joint, but that does not have any impact on your own situation.
Answered on Jan 31st, 2013 at 3:55 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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He can file. No impediment.
Answered on Jan 31st, 2013 at 3:55 PM
He can file bankruptcy by himself.
Answered on Jan 31st, 2013 at 3:54 PM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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He can, but usually it doesn't cost any more for both to file and you can discharge your debts too. This could be helpful if you are liable on the Note to the mortgagee.
Answered on Jan 31st, 2013 at 3:54 PM
You may have to file Chapter 7 if your name is on the mortgage debt and they pursue you for any deficiency balance.
Answered on Jan 31st, 2013 at 3:53 PM
Richard hirsh
The simple answer is yes. He has a right to file without you.
Answered on Jan 31st, 2013 at 3:53 PM
Bankruptcy Attorney serving Denver, CO
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Colorado Bankruptcy Law Group, LLC
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You will not be able to stop your spouse from filing bankruptcy without you.
Answered on Jan 31st, 2013 at 3:52 PM
He does not need your permission to file for bankruptcy.
Answered on Jan 31st, 2013 at 3:52 PM
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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An individual can file bankruptcy alone even if they still have a spouse.
Answered on Jan 31st, 2013 at 3:52 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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He can file without your permission.
Answered on Jan 31st, 2013 at 3:51 PM
He can file individually.
Answered on Jan 31st, 2013 at 3:51 PM
Bankruptcy Law Business Attorney serving Asheville, NC
Partner at
Pitts, Hay & Hugenschmidt, PA
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He does not need your permission to file Bankruptcy for himself.
Answered on Jan 31st, 2013 at 3:51 PM
He does not need your agreement to file, even if he was not "soon to be" your ex. If you live in Wisconsin, this will have reprecussions for you. You might want to consider joining him in his bankruptcy or filing your own.
Answered on Jan 31st, 2013 at 3:51 PM