QUESTION

Woman 87 married. Debit is only in her name wants to file and doesn't want husband to know

Asked on Mar 14th, 2014 on Bankruptcy - Arkansas
More details to this question:
Both are 87 and wife,s debit is keeping them in poverty. Husband would die if he found out and wife is near nervous break down. Both are in poor help. Can she file by herself and keep out of paper. Very emotional situation. Need answer as they have reached point where they can't live by the self.
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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I will highly discourage you from attempting this course of action, there is no loopholes to allow lives to hide from their husbands that they have to file bankruptcy. The fact of their age may make it easier to hide the fact but I still would not suggest it. But if she chose to file bankruptcy herself, and could get all the proper documentation from her husband that she would require, then it can be done. But there is paperwork of her husband such as income and tax returns that will be required to file her bankruptcy as bankruptcy include household income, not simply the income of the person filing bankruptcy. If she can get all this documentation without him knowing, technically yes you can file bankruptcy without him knowing.   I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147
Answered on Mar 19th, 2014 at 10:52 AM

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