QUESTION
How can I file bankruptcy without letting my husband know?
Asked on May 13th, 2013 on Bankruptcy - Florida
More details to this question:
I am in credit card debt in the amount of 25-30,000.00, all of which are in my name only. On top of these credit cards, I have been bombarded with hospital/Dr. bills for the past 2 years due to a shattered elbow the I fractured my elbow again this past January & going on my second cast because the fracture isn't healing. If I have to have surgery (for the 3rd time) I will lose my job and I don't know what to do & I can't let my husband know that have to file bankruptcy.
8 ANSWERS
Well, you can file your own bankruptcy case and not tell your husband about it. If he is not co-liable on any of your debts he does not have to be listed as a creditor in the case and will not get notice from the Court. However, if you and your husband are commingling your income and expenses, then you have to list his income and expenses on your bankruptcy schedules and you will have to list all of the income he has received in the last 6 months in the means test form. So, you will need to be able to get this information somehow.
Answered on May 16th, 2013 at 6:21 AM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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I am very sorry to hear that you are in this situation. You can't legally file without your husband knowing. How would you feel if your husband went into $30,000 in credit card debt + tons more in hospital bills but didn't trust you enough to confined in you?
Answered on May 16th, 2013 at 4:41 AM
You are not required to let your spouse know that you are filing bankruptcy but you are required to provide the bankruptcy court with documents showing his income if you are living together. In addition, your husband is responsible for paying your medical bills if you eliminate them through bankruptcy, so if you do file bankruptcy, the creditors may come after him to collect Sounds like you might want to work on your marriage so you communicate about the problems you are having instead of hiding in shame.
Answered on May 16th, 2013 at 4:34 AM
It is possible to file bankruptcy without your spouse knowing. You may want to get a PO Box if you do not check the mail.
Answered on May 16th, 2013 at 2:27 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Can you "yes", but should you "probably not". 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 May 16th, 2013 at 1:24 AM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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If you are in a community property state and still living with your spouse, his name, income, and property must be disclosed on the filing. Also, all the bankruptcy documents filed by the court will be delivered to your home (unless you have another mailing address). It would be very difficult to file without your spouse knowing particularly as in a community property state, your debts are his debts too (in most cases). If you anticipate another surgery, you may want to file AFTER those medical bills are incurred so that any you cannot pay are included in the filing. Talk to an attorney to discuss your options.
Answered on May 16th, 2013 at 1:14 AM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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In Idaho you cannot file bankruptcy without letting your husband know. Idaho is a community property state and your husband is technically a co-debtor to many of the debts and he will be required to be listed on the schedules. Accordingly, he will receive notice of your bankruptcy (I guess you could snag the notices so he does not know). Honestly, bankruptcy is a pretty large decision and I would be very suspect of a client wanting to keep a bankruptcy from their spouse (if still living with them). But I would wait until after your last surgery before filing so it would be included.
Answered on May 16th, 2013 at 1:09 AM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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I wouldn't even consider filing for bankruptcy until you incur all possible hospital bills and are back at work. Your physical health is more important than anything. Take care of you first, then contact an experienced bankruptcy attorney.
Answered on May 15th, 2013 at 7:16 PM