QUESTION
Can we legally file individually for bankruptcy if we are separated?
Asked on Jan 21st, 2012 on Bankruptcy - Missouri
More details to this question:
My husband and I are separated and living in separate houses. We are each renting our home because of a foreclosure and he has both children because I cannot financially afford it. We are still legally married but would like to file separately. We do not pass the means test to file jointly but do pass if we file separately. Do we able to do this or do we legally have to separate? We are working on our marriage which is why are not legally separated but have agreed that we will legally separate if this is the only way to pass the means test so we can file each individually. I have found no information on this kind of situation online.
15 ANSWERS
judith runyon
You are misinterpreting the Means test.
Answered on Jun 19th, 2013 at 10:59 PM
Christine Sarah Hansley
Yes you can file separately.
Answered on Jun 02nd, 2013 at 8:22 PM
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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Yes.
Answered on May 30th, 2013 at 9:24 PM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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Yes, you can file separately. On the means test, check the box that says "married, with a declaration of separate households."
Answered on Feb 21st, 2012 at 1:03 PM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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Yes, you may file jointly so long as you are married regardless of whether you are separated or not.
Answered on Feb 21st, 2012 at 10:35 AM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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You may file separately even though you are legally married and not legally separated. If you maintain separate households, filing separately makes a lot of sense to me. You will have to disclose any expected changes in the next year, so if you definitely intend to get back together soon that will need to be disclosed particularly if your joint income in one household would push you into a Chapter 13.
Answered on Feb 20th, 2012 at 5:37 PM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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You can certainly file separately but not passing the means test if you file jointly makes no sense. Your lawyer is missing the separate household issue.
Answered on Feb 20th, 2012 at 5:37 PM
Banking Attorney serving Miami, FL
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The Barrister Firm, P.A.
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Since FL does not have a "legal" separation status or procedure, you only need to indicate in your bankruptcy filing that you are living in separate households.
Answered on Feb 20th, 2012 at 10:55 AM
Glen Edward Ashman
You are about to commit financial and legal suicide. Do not ruin your life and file pro se. Exemptions and keeping (or losing) vehicles is something that you will mess up without legal help. Save yourself from disaster. Abandon your pro se plans, and get a lawyer. It will save you money. A lawyer can likely come up with a way for you to file.
Answered on Feb 20th, 2012 at 10:10 AM
Business Bankruptcy Attorney serving Raleigh, NC
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J.M. Cook, P.A.
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No. If you are separating in order to pass the means test, that is bankruptcy fraud, no matter what an atty tells you. There are a lot of options here so make sure you consult with a quality atty.
Answered on Feb 20th, 2012 at 8:35 AM
Trusts & Estates Attorney serving Camarillo, CA
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Law Offices of Larry Webb
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Yes. You can also file separately if you are not separated.
Answered on Feb 17th, 2012 at 9:30 PM
Bankruptcy: Creditor Attorney serving Grand Island, NE
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Milner Neuhaus & Judds
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If you are legitimately living in separate households, you may be able to file separately. You should seek a consultation with an attorney so that your entire situation can be known and properly addressed.
Answered on Feb 17th, 2012 at 9:20 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Each spouse can file their own petition. If legally married all assets, debts income and expense of both must be listed. If legally separated you do not need to list the separate assets, debts, income and expenses.
Answered on Feb 17th, 2012 at 9:01 PM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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You can file jointly even if separated. You can file separate is truly separated. Separating for the purpose of passing the means test is not OK. There is also the possibility of filing jointly with having separate households and passing the means test (maybe). These are complicated issues based on specific facts in your case so it is something that an attorney needs to decipher after a consultation to get all the facts.
Answered on Feb 17th, 2012 at 8:59 PM
Workers Compensation Attorney serving Independence, MO
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Law Office of Nancy L. Jackson LLC
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You can file individually/separately indicating married, not filing jointly, with declaration of separate households.
Answered on Feb 17th, 2012 at 8:39 PM