QUESTION
I am separated from my husband but still legally married can I file a chapter 7 by myself?
Asked on Apr 22nd, 2013 on Bankruptcy - Michigan
22 ANSWERS
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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Yes. State "declaration of separate households" so his income will not be included for means test purposes or on a Schedule I or J.
Answered on Apr 25th, 2013 at 11:59 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Yes, but please understand that filing 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 Apr 24th, 2013 at 2:01 AM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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There is never a requirement that both spouses file. It is sometimes advantageous and sometimes not. However, either one can file.
Answered on Apr 24th, 2013 at 1:54 AM
Personal Injury Attorney serving Reno, NV
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Law Offices of William D. Cope, LLP
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Yes you can file a separate chapter 7. But, depending on the circumstances, it may not be advisable until the divorce is final.
Answered on Apr 23rd, 2013 at 10:35 PM
Bankruptcy Attorney serving Dallas, TX
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Polk & Associates
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Someone who is married is allowed to file bankruptcy jointly with their spouse but it is not required; anyone can file by themself whether they are married or not.
Answered on Apr 23rd, 2013 at 10:35 PM
Yes you can file on chapter 7 bankruptcy on your own as separated.
Answered on Apr 23rd, 2013 at 10:24 PM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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A spouse can file alone, separated or not. However there are a number of considerations in this situation so it's best to get an attorney to handle your case to make sure you file when you can achieve positive results. There may be reasons for filing jointly, if the other spouse agrees to join and reasons to wait until the divorce is finalized. These considerations need to be weighed against others that might be present in your circumstances that could cause a need to file earlier rather than later. Discuss details of your financial situation with a bankruptcy attorney to get advice on whether filing now rather than later is appropriate.
Answered on Apr 23rd, 2013 at 8:53 PM
Frankly it doesn't matter if you are or are not separated from your spouse, you have the legal right to file bankruptcy by yourself. Whether this is a good idea is an entirely different question and the issues can be quite complicated, so I would urge you to retain experienced bankruptcy representation.
Answered on Apr 23rd, 2013 at 8:32 PM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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Yes, you can file by yourself. However, if you are in California, you may need him to waive his rights to exemptions (should you choose Sec. 703 exemptions). You should contact a competent attorney to assist you.
Answered on Apr 23rd, 2013 at 11:26 AM
Bankruptcy Chapter 7 Attorney serving Louisville, KY
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Thornhill & Holt, PLLC
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It depends, but usually YES!
Answered on Apr 23rd, 2013 at 11:26 AM
Richard hirsh
Yes, separate households is not a problem.
Answered on Apr 23rd, 2013 at 11:25 AM
Bankruptcy Attorney serving Omaha, NE
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Heineman Law Office
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Yes, you can file separately. Do remember that since you do not have a final decree of divorce that separates your property, you will need to list all of your joint property. Also, you will need to list all your separate property, as well as any property where you have even possess a small interest. Also, if you do agree to a property settlement before you actually get divorce, the trustee will likely want to see the settlement. The trustee has the power to undo any agreement if he feels that one party did not get fair consideration for what that party gave to the other.
Answered on Apr 23rd, 2013 at 11:25 AM
bankruptcy Attorney serving Meriden, CT
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Law Office of William E. Carter, LLC
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Your marital status will not effect you bankruptcy filing status. You may file an individual petition without your spouse.
Answered on Apr 23rd, 2013 at 11:23 AM
Bankruptcy Chapter 7 Attorney serving Boston, MA
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Conner Law Offices
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Yes, you can file for bankruptcy individually regardless of your marital status. If you are maintaining separate households, you may not even have to list the spouse's income.
Answered on Apr 23rd, 2013 at 11:23 AM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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Yes.
Answered on Apr 23rd, 2013 at 1:26 AM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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Yes, definitely.
Answered on Apr 23rd, 2013 at 1:21 AM
Deborah F. Bowinski
Yes. Spouses do not have to file a joint case with one another.
Answered on Apr 23rd, 2013 at 1:17 AM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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Yes.
Answered on Apr 23rd, 2013 at 1:14 AM
Insurance Attorney serving Redlands, CA
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Orrock, Popka, Tucker & Dolen
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Yes, even if you were not separated you could file a Chapter 7 as an individual. As always, there are various factors that must be considered to determine if a Chapter 7 is appropriate but the simple answer to your question is, yes.
Answered on Apr 23rd, 2013 at 12:32 AM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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There is no requirement that you must file with a spouse if you are married or separated. However, the question really is what is the advantage to you of filing individually vs married. The answer to that question depends on the length of marriage, when the debts were incurred, who is responsible for the debts (just you? Both of you?), and the financial situation for both you and the husband. I don't have enough information to address those issues here. Talk to an attorney in person to proceed would be my best advice.
Answered on Apr 23rd, 2013 at 12:26 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Either spouse can file their own petition.? However, to use certain exemptions the non-filer must sign a spousal waiver. Consult with an attorney for further information.
Answered on Apr 22nd, 2013 at 11:59 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your maximum advantage Generally yes, but you will need an attorney to do the bankruptcy, and the eventual divorce correctly and to you.
Answered on Apr 22nd, 2013 at 10:58 PM