QUESTION
Could I file alone and not implicate him but once my bankruptcy is over, would he assume the debt that I have made?
Asked on Feb 08th, 2015 on Bankruptcy - Michigan
More details to this question:
I want to file bankruptcy without my spouse because I am in debt. This debt was made before we got married. We weren't married at the time.
8 ANSWERS
He will be fine. He will not be responsible for the debt you incurred prior to marriage. Good luck!
Answered on Feb 10th, 2015 at 5:30 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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You can file a individual bankruptcy. However, the income test for whether you can file a Chapter 7 is based on household income - so you need to include the income of both of you (unless you're living separately). Filing bankruptcy cannot cause any other person to become liable for your debts. The only way your spouse can become liable for your debts is if he signed an agreement assuming those debts. Of course, there are some debts of a married couple that are automatically joint debts, for example health care costs of either spouse or the support of a joint child. But these debts are joint from the time that they are incurred. Debts which are not joint when they are incurred don't become joint later.
Answered on Feb 10th, 2015 at 1:09 PM
2 Awards
You may file without your spouse. However, I highly recommend you seek legal counsel to advise you as to the possible ramifications on your spouse should you elect to file.
Answered on Feb 10th, 2015 at 1:09 PM
Business Bankruptcy Attorney serving Raleigh, NC
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J.M. Cook, P.A.
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You can file alone and it will not affect him. So if your husband is not a co-debtor on the debt, then he won't be liable. If however he is a co-debtor, he will be.
Answered on Feb 10th, 2015 at 1:08 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes - but eligibility may include his income.
Answered on Feb 10th, 2015 at 12:01 PM
To implicate someone usually means to involve them in a crime. Filing Bankruptcy isn't a crime you have a legal right to file bankruptcy, with or without your spouse. However, because you and your spouse are a household, his income will be a part of determining whether or not you are eligible for bankruptcy help.
Answered on Feb 10th, 2015 at 12:00 PM
Real Estate Attorney serving Florence, KY
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Linda S. Novakov & Associates, PLLC
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Only debt that is incurred jointly, i.e. both parties apply or sign an agreement or Note to pay would implicate your spouse. If he did not sign accepting responsibility for payment, then it will not attach to him and will not attach to his credit, only you are responsible and only your credit is impacted.
Answered on Feb 10th, 2015 at 11:59 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, it is possible for you to bankrupt separately.
Answered on Feb 10th, 2015 at 11:57 AM