Can a husband file a bankruptcy on his wife? 17 Answers as of May 17, 2011

Can a husband file a BK on his wife? My husband said he did though in his paper work it does not show my name.

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Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
A husband can not file bankruptcy "on his wife" or for his wife. To file bankruptcy, you will have to take a consumer credit counseling course yourself and review and sign your bankruptcy petition and schedules yourself under penalty of perjury. Any forgery of your name by your husband would be a crime.
Answer Applies to: California
Replied: 5/17/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Nobody can file your bankruptcy for you.
Answer Applies to: Indiana
Replied: 5/12/2011
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
Generally, when a married debtor files bankruptcy, they will list the non-filing spouse as a co-debtor where there are community debts. He cannot make you a debtor in bankruptcy without your signature and consent. If your name is not on the paperwork and you were not served papers from the court, then you're not in bankruptcy and no case has been filed by you. If you are a co-debtor and he failed to list you, or your debts and you're still legally married then there could be problems in his bankruptcy case for failing to disclose this information.
Answer Applies to: California
Replied: 5/11/2011
Law Office of Asaph Abrams
Law Office of Asaph Abrams | Asaph Abrams
Apparently he filed separately if your name does not appear on the Voluntary Petition and you were not a Title 11 debtor. However, you would want to examine applicable effects of the discharge upon the marital community. See 11 USC 524(a)(3). In addition, it's generally advised that a husband get off of his wife before filing bankruptcy. Bankruptcy commands one's full attention and detail should not be compromised by contemporaneous amorous activities.
Answer Applies to: California
Replied: 5/11/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
A spouse can be named as a claimant in the other spouse's bankruptcy. However, certain rights for family support survive a bankruptcy. For details consult an attorney who is a certified bankruptcy specialist. Check with the California State Bar for a list of certified specialists in your area.
Answer Applies to: California
Replied: 5/11/2011
    Law Office of Larry Webb
    Law Office of Larry Webb | Larry Webb
    I don't understand your question. Do you mean can a person file separately without his spouses consent; yes. But the filing person has to disclose the marital relationship even if you are separated.
    Answer Applies to: California
    Replied: 5/11/2011
    Benson Law Firm
    Benson Law Firm | David Benson
    To be a party in a bankruptcy petition, your name must appear on the petition and you must sign the petition. However, even if you are not a party to your husband's case, your income will be included to determine whether you qualify for a Chapter 7 case or what his plan payment will be in a Chapter 13 case.
    Answer Applies to: Ohio
    Replied: 5/11/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You don't file bankruptcy on someone. A debtor files for bankruptcy and lists their creditors. If you are a creditor, then he can list you, but I've never seen it done with a husband and wife who are together.
    Answer Applies to: California
    Replied: 5/11/2011
    Law Offices of J. L. Haddock, PLLC
    Law Offices of J. L. Haddock, PLLC | Jared L. Haddock
    This is a very good question and I certainly understand your concern. The short answer you are looking for I believe is "no." There are however some things I would like to clarify. When one files for Bankruptcy, all of their debts must legally be included in their Bankruptcy Schedules, whether they are ultimately discharged or not. When individuals refer to filing on a specific debt or "including" a creditor, this tends to be misleading. All creditors are to be "included" insofar as they are to be properly listed and notified. However, some debts are non-dischargeable, even though they are identified. Family support obligations (at least those that are court ordered) are non-dischargeable debts. They still must be disclosed on Schedule E, but are not dischargeable in Bankruptcy. It is interesting that you refer in your question to "husband" and "wife", rather than former spouse or ex-husband. Are you still legally married? If so, maybe I do not fully understand the nature of your question.
    Answer Applies to: Michigan
    Replied: 5/10/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    Yes, a husband can file bankruptcy on a debt he owes his wife. If the paperwork does not show your name, though, he has lied to the bankruptcy court, and that may be a lever you can use in some way. Also, depending on what this is, and the law in your state, a divorce judge might make him pay you something similar to the debt he discharged or tried to discharge in the bankruptcy. You need a lawyer, or a law firm, who knows a lot about family law and bankruptcy law. Today might be a good day to find them.
    Answer Applies to: Virginia
    Replied: 5/10/2011
    Dearbonn Law Offices
    Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
    A husband sure can. Please note that this answer should not be construed as legal advise.
    Answer Applies to: Washington
    Replied: 5/10/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Just because you are married does not mean the other spouse is a party to the other spouse's bankruptcy case. When a person is married, both parties must sign the petition and thereby consent to the filing of the case. If only one spouse files, the other hasn't filed unless they signed the petition.
    Answer Applies to: California
    Replied: 5/10/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    No, he can not do that. Bankruptcy requires your signature on all of the filing documents.
    Answer Applies to: California
    Replied: 5/10/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    I'm not sure what you mean. Unless he has guardianship or conservatorship over his wife, then he cannot file a bankruptcy in the name of the wife without the wife signing. Are you saying he signed his wife's name on the petition?
    Answer Applies to: California
    Replied: 5/10/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    He would need to give you notice of his BK.
    Answer Applies to: California
    Replied: 5/10/2011
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    While such a case seems unusual, it is possible for one spouse to file BK on another spouse for certain types of debts. You cannot file bankruptcy on debts for Child or spousal support. In your case, you may have some protection since you are not listed except that you are already aware of the bankruptcy. You should see an attorney to determine your rights.
    Answer Applies to: Arizona
    Replied: 5/10/2011
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    It does not appear that your husband has filed bankruptcy for you. Your name would appear on each of the many forms that make up a bankruptcy petition, including the first page. Also, no reputable attorney would file a petition without your knowledge and/or signature.
    Answer Applies to: California
    Replied: 5/10/2011
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