Can a husband file bankruptcy on his wife? 26 Answers as of July 30, 2011

My husband wants to declare joint bankruptcy with me but I am scared and haven't told him if I want or not yet. Can he declare bankruptcy on me without telling me?

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Financial Relief Law Center
Financial Relief Law Center | Mark Alonso
He can declare bankruptcy, as a separate petition without you, or you can file a joint petition together. He cannot file a joint petition without you.
Answer Applies to: California
Replied: 7/21/2011
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
Potntially he can but to utilize the most liberal exemptions available in bankruptcy you must sign a spousal waiver document.
Answer Applies to: California
Replied: 7/20/2011
Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
No.
Answer Applies to: California
Replied: 7/19/2011
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
No.
Answer Applies to: California
Replied: 7/19/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Either husband or wife can file bankruptcy without consent of the non-filing spouse. However, to claim certain exemptions there is a requirement of a spousal waiver which is a consent form. In the absence of one, only the 704 Code of Civil Procedures exemptions can be used, not the CCP 703 exemptions.
Answer Applies to: California
Replied: 7/19/2011
    Ray Fisher Law Offices
    Ray Fisher Law Offices | Ray Fisher
    No one can "declare bankruptcy" on anyone. He cannot file for you or force you to file. The only way anyone can force you to file is if they are a creditor and they put you in an involuntary bankruptcy. This almost never happens to individuals. This mostly happens to companies and that is rare as well
    Answer Applies to: Texas
    Replied: 7/19/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    You do not file bankruptcy on someone else, you can only file it for yourself. That being said, if the wife is incapacitated and the husband had power of attorney or a guardianship, it would be possible also.
    Answer Applies to: Florida
    Replied: 7/19/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    I don't know what you mean by file bankruptcy "on you". Your husband can file bankruptcy separately from you and vice versa. However, either of you must list all of the community property assets, income and debts in a bankruptcy petition. As far as the requirement that he tell you about doing so, there's no bankruptcy requirement I know of for that, but there may be state laws that require it.
    Answer Applies to: California
    Replied: 7/19/2011
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    No, a husband cannot file a voluntary bankruptcy on behalf of his wife, without her knowledge and consent. I suppose if you were not able to manage your affairs, and had given him Power of Attorney over you or if he was appointed guardian over you, he could. But if you are competent and of sound mind, I don't know of any way that he could legally do that. Many years ago I had a gentleman come in with a lady masquerading as his wife, who was actually his girlfriend. I'm glad we check ID's, I guess he intended to have the girlfriend file bankruptcy in his wife's name, so his wife would not know how much debt trouble he was in. These days, that would be nearly impossible. ID"s are checked typically at the lawyer's office, and also at the Sec. 341(a) Meeting of Creditors.
    Answer Applies to: Texas
    Replied: 7/19/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Yes, any person can file. It does not have to be joint if they are married.
    Answer Applies to: California
    Replied: 7/19/2011
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel Tucker
    You have to sign the petition and other documents required to file, so , absent fraud and forgery he cannot.
    Answer Applies to: Mississippi
    Replied: 7/19/2011
    Engberg Law Office
    Engberg Law Office | Harry A. Engberg
    Takes both signatures to file.
    Answer Applies to: South Dakota
    Replied: 7/19/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    No one can file a Bankruptcy on someone other than themselves. A spouse may choose to file Bankruptcy without their spouse.
    Answer Applies to: New Hampshire
    Replied: 7/19/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    He cannot file bankruptcy for you without your knowledge but he can file bankruptcy for himself, which would potentially leave you on the hook any joint debt (debt in both your names) which he discharges without your permission. Since he would have discharged his obligations, the creditors would try and collect from you for the debt.
    Answer Applies to: Michigan
    Replied: 7/19/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    No. And you should see a separate lawyer to determine whether bankruptcy is in your interest. Do not sign anything.
    Answer Applies to: Georgia
    Replied: 7/19/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You have to sign the bankruptcy papers in order to file. Why are you scared? Right now 1 out of every 15 are filing.
    Answer Applies to: California
    Replied: 7/19/2011
    Eric J. Benzer, Attorney at Law
    Eric J. Benzer, Attorney at Law | Eric Benzer
    Yes.
    Answer Applies to: Maryland
    Replied: 7/19/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    He can file by himself without telling you but your debts will not be discharged. There is no need to be scared. It is your legal right if you cannot afford your debts.
    Answer Applies to: California
    Replied: 7/19/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Not unless he forges your signature, which is fraudulent. But I suggest you see a lawyer to get your questions answered and help reduce your fears.
    Answer Applies to: Virginia
    Replied: 7/19/2011
    Rosenberg & Press, LLC
    Rosenberg & Press, LLC | Christopher D. Hite
    No. It may or may not be in your best interest to file jointly with him. Consult with an attorney.
    Answer Applies to: Connecticut
    Replied: 7/19/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    A spouse cannot include the debts that belong solely to the other spouse without the other spouse joining in the bankruptcy filing.
    Answer Applies to: Indiana
    Replied: 7/19/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    No. You must sign off on the paperwork (and attend the meeting with the Trustee) in order to file bankruptcy. If you do not cooperate, you will not be included in the bankruptcy.
    Answer Applies to: Colorado
    Replied: 7/19/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    No. If you file BK, you must sign a petition and appear at a hearing. No one can do this for you, minus a validpower of attorney.
    Answer Applies to: California
    Replied: 7/19/2011
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