QUESTION

Could my spouse file bankruptcy without notifying me?

Asked on Sep 16th, 2015 on Bankruptcy - Colorado
More details to this question:
I have been separated from my wife for nearly 3 years, but we are still legally married. I just discovered that she filed Chapter 7 bankruptcy. But now her creditors are coming after me. We have joint debt together too. Am I liable for her debt and can she do all of this without even notifying me?
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7 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Yes, she can file bankruptcy without notifying you. You're married not master and slave. If you have joint creditors, then you're still liable and she's not. If it's her separate debt, then your not liable. Filing bankruptcy is one of the methods for getting a spouse who's dragging their feet on a divorce to get moving.
Answered on Sep 21st, 2015 at 4:00 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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A wife is not your property and can certainly file bankruptcy without your permission or without notifying you. Her creditors will only be able to collect from you if you also owe the debts.
Answered on Sep 16th, 2015 at 2:24 PM

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Collections Attorney serving Anaheim, CA
Your spouse may file bankruptcy without notifying you. She would receive a discharge but you could be responsible for incurred while you were married.
Answered on Sep 16th, 2015 at 1:33 PM

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Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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Yes she does not need to consult you and you will remain responsible for joint debt.
Answered on Sep 16th, 2015 at 12:54 PM

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Bankruptcy Attorney serving Alpena, MI at Carl C. Silver Attorney at Law
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That would be a yes.
Answered on Sep 16th, 2015 at 12:06 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Yes, you can file bankruptcy without notifying you unless you are one of her creditors which he is seeking to discharge. Generally, you should not be liable for any debts which were incurred in her sole name in which you did not agree to and sign on.
Answered on Sep 16th, 2015 at 12:03 PM

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Derek W. Freeman
As a codebtor you should have received notice of your spouse's bankruptcy filing. As for your legal options, you don't have many. Whether you were notified of the bankruptcy or not, if your spouse was eligible to receive a bankruptcy discharge, then she got one. You only have a case against her if you would have been able to legally challenge her right to discharge had you received timely notice. In other words, if you received notice when your spouse filed bankruptcy, would you have been able to object to discharge of these debts? And by "object" I mean file a legal objection - general objections don't count. If so, you might have legal options; if not, then legally, you were not harmed by the lack of notice. As a codebtor, you are now the only person these creditors can collect from, and you better believe they will try. The bankruptcy discharged the debt as to your spouse, but not as to you.
Answered on Sep 16th, 2015 at 12:02 PM

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