Can I file bankruptcy and my husband not file bankruptcy? 58 Answers as of May 29, 2013

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CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
Yes.
Answer Applies to: California
Replied: 5/29/2013
Hyman, Carter & Patel, PLLC
Hyman, Carter & Patel, PLLC | Mital D. Patel
You are able to file individually even if you are married. You may want to speak with an attorney to find out if this is the best option for you and your spouse.
Answer Applies to: Tennessee
Replied: 8/10/2012
Lynn Boak, Attorney at Law P.C.
Lynn Boak, Attorney at Law P.C. | Ethelyn (Lynn) Boak
The short answer is "yes," but both incomes have to be considered for means testing, which determines your eligibility to file bankruptcy in the first place.
Answer Applies to: Wyoming
Replied: 8/9/2012
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
Yes. You don't need your husband to file with you and you don't need his consent to file. It will help if he cooperates becasue you do need to list his income.
Answer Applies to: California
Replied: 8/8/2012
Harkess Law Offices | Nancy Harkess
One spouse can file bankruptcy while the other does not do so. However, the Trustee will ask why the non-filing spouse is not filing, and you will need to have a good reason or fraud may be suspected.
Answer Applies to: Nevada
Replied: 8/7/2012
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Yes, but all community assets and debts must be included in the bankruptcy.
    Answer Applies to: California
    Replied: 8/7/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    It can be done that way. His income however and all community assets must be disclosed.
    Answer Applies to: California
    Replied: 8/7/2012
    David Andersen & Associates PC | Jeremy Shephard
    Yes. You are not required to file bankruptcy with your husband; however, you will need access to his income information. Bankruptcy options are based on your "household" income.
    Answer Applies to: Michigan
    Replied: 8/7/2012
    Latinis Fakhouri, PLC | Adel Fakhouri
    The answer is absolutely. One spouse can file bankruptcy without the other being required to do so. In the event of a Chapter 7 Bankruptcy filing, only the individual debtor's assets and debts will be assessed. However, the total household income will need to be ascertained for purposes of qualifying under the Means Test.
    Answer Applies to: Michigan
    Replied: 8/7/2012
    Gerald Mack Freeman LLC | Gerald Mack Freeman
    Yes. Certain limitations apply however if you want to file Chapter 7 (straight bankruptcy.) Your spouse's gross income is added to yours and should not jointly exceed the median gross income for a family of your size. Also remember that if you and your spouse have a "joint debt" then you can discharge the debt against you but not against your spouse. If you and your spouse are separated then usually your spouse's gross income is not added to yours to determine if you exceed the median income.
    Answer Applies to: Alabama
    Replied: 8/7/2012
    Saedi Law Group
    Saedi Law Group | Lorena Saedi
    Yes.
    Answer Applies to: Georgia
    Replied: 5/29/2013
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    Yes, but you need to make certain that each of you understand the consequences of bankruptcy. Bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
    Answer Applies to: Arizona
    Replied: 8/7/2012
    The Law Offices of Katie M. Stone
    The Law Offices of Katie M. Stone | Katie M. Stone
    Yes, you can file your petition as "married without declaration of separate household." Keep in mind that you will need to calculate your husband's income into your means test even if he is not filing with you. Also, if he is on any of the debt with you as a co-debtor, it will only discharge your legal obligations to pay on the dischargeable debt and not his. I hope you found this answer useful.
    Answer Applies to: Florida
    Replied: 8/7/2012
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Either spouse can file their own petition in bankruptcy. However, certain exemptions are not available unless the non-filing spouse signs a spousal waiver allowing the exemptions.
    Answer Applies to: California
    Replied: 8/7/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    It's possible but not favored. Indeed, I think you will have to list all of his income in the schedules. So, it is better for both of you to file bankruptcy.
    Answer Applies to: Florida
    Replied: 8/7/2012
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    Yes.
    Answer Applies to: South Carolina
    Replied: 5/29/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes, there is no requirement for both of you to file. But if he is a co signor to the debts then he will remain liable.
    Answer Applies to: New York
    Replied: 8/7/2012
    Gilgannon Law, LLC | Stuart D.P. Gilgannon
    Your husband need not file with you, he would be known as a "non-filing spouse".
    Answer Applies to: Wisconsin
    Replied: 8/7/2012
    Gardiner & Associates, Attys at Law | Grace I Gardiner
    Yes both parties do not have to file together. However some of his financial information will be used in preparing the petition.
    Answer Applies to: Tennessee
    Replied: 8/7/2012
    Austin Hirschhorn, P.C.
    Austin Hirschhorn, P.C. | Austin Hirschhorn
    Absolutely. There is no requirement in the bankruptcy code that a spouse must be joined in a bankruptcy filing. If you are considering filing and you and your husband have joint debts it might make sense to file a joint petition because there is only one filing fee for a joint petition and a joint petition might discharge joint debts. You should consult with an attorney who will analyze your debt and make an appropriate recommendation to you.
    Answer Applies to: Michigan
    Replied: 8/6/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes.
    Answer Applies to: Michigan
    Replied: 5/29/2013
    Bjork Law Office
    Bjork Law Office | Attorney John P. Bjork
    Yes you can, but we normally don't recommend it unless there is a very good reason the other spouse doesn't want to file.
    Answer Applies to: Wisconsin
    Replied: 8/7/2012
    Maskell Law Firm, P.C.
    Maskell Law Firm, P.C. | Eric A. Maskell
    Yes. Each party can file individually.
    Answer Applies to: Texas
    Replied: 8/6/2012
    Alvin Lundgren | Alvin Lundgren
    Yes.
    Answer Applies to: Utah
    Replied: 5/29/2013
    John C. Schleiffarth, P.C. | John C. Schleiffarth
    Yes. You can absolutely file bankruptcy without your spouse filing.
    Answer Applies to: Missouri
    Replied: 8/6/2012
    Jonathan P. Shultz | Jonathan P. Shultz
    Yes, you do have that option. However, if the two of you have even one joint debt together, your individual filing could leave him "holding the bag" as they say.
    Answer Applies to: Colorado
    Replied: 8/6/2012
    Bruning & Associates, PC
    Bruning & Associates, PC | Kevin Bruning
    The answer is yes, if you are married, you can file bankruptcy without your spouse having to file bankruptcy with you. However, if you have been living together and are not separated, your spouse's financial information will still have to be disclosed in your bankruptcy petition.
    Answer Applies to: Illinois
    Replied: 8/6/2012
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Yes.
    Answer Applies to: Indiana
    Replied: 5/29/2013
    Steven Alpers | Steven Alpers
    It is possible if you have separate accounts, but they will want to know his income and expenses. If these are joint bills he will be responsible for the full amount.
    Answer Applies to: California
    Replied: 8/6/2012
    Hunter Law Offices, PLLC
    Hunter Law Offices, PLLC | S. Christopher Hunter
    Yes. However if you have any joint debts he will not be discharged from them. If you have any joint accounts those will be considered as part of the bankruptcy also.
    Answer Applies to: Michigan
    Replied: 8/6/2012
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    Yes.
    Answer Applies to: Washington
    Replied: 5/29/2013
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    Yes.
    Answer Applies to: Colorado
    Replied: 5/29/2013
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Yes.
    Answer Applies to: California
    Replied: 5/29/2013
    Joseph Rogers | Joseph Rogers
    Yes, however the court will take into consideration his income to determine whether you qualify for a bankruptcy. Also if there are debts that are joint in both of your names, he will still be liable for the full balance of the debt.
    Answer Applies to: New Jersey
    Replied: 8/6/2012
    Gingo & Orth | George Gingo
    Yes. But, the court may view all the assets of both of you as if they were before the court (as if they were your assets alone).
    Answer Applies to: Florida
    Replied: 8/6/2012
    Law Office of Jeffrey Solomon
    Law Office of Jeffrey Solomon | Jeffrey Solomon
    Yes, you are both not required to file bankruptcy. Whether or not it is advisable or needed under the facts of your case would depend on your circumstances, so you should consult an attorney.
    Answer Applies to: Florida
    Replied: 8/6/2012
    Law Office of Andrew Harris
    Law Office of Andrew Harris | Andrew Harris
    Yes, you can file bankruptcy by yourself, even though you are married. His income however will be included as part of your budget and means test. You should speak to a bankruptcy attorney in your area to make sure filing by yourself is the best solution and to determine eligibility.
    Answer Applies to: Oregon
    Replied: 8/6/2012
    Olson Law Firm | Edward M Olson
    Yes. You can file a single case, or jointly... it is up to you.
    Answer Applies to: Michigan
    Replied: 8/6/2012
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    Yes it is possible for one spouse to file for bankruptcy and the other not to, but the non-filing spouses income is still going to be considered when calculating under the means test which determines if one can file a chapter 7 or must file a chapter 13. Recommend that you talk to a bankruptcy practitioner.
    Answer Applies to: New Jersey
    Replied: 7/27/2012
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Yes.
    Answer Applies to: Michigan
    Replied: 5/29/2013
    Law Office of David P. Farrell
    Law Office of David P. Farrell | David Farrell
    Yes.
    Answer Applies to: California
    Replied: 5/29/2013
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    Yes.
    Answer Applies to: California
    Replied: 5/29/2013
    Wajda Law Group, APC
    Wajda Law Group, APC | Nicholas M. Wajda
    Yes. You have the option to file bankruptcy without your husband. However, there are some wrinkles to the process when doing so. For instance, your husband's debt would not be wiped out if only you were to file. However, your husband's income and/or assets could have an effect on your case and which type of bankruptcy you can and/or should file. You should speak to a licensed attorney about your specific situation and come up with a good plan of attack.
    Answer Applies to: Nevada
    Replied: 8/3/2012
    Brown and Seelye | Ellen Ann Brown
    Yes but in Washington State we are a community property state so any bills that were made while you are married are joint debts. This means that if only one person files they can still go after the other person for any debts incurred while married and can garnish and put liens on houses and bank accounts.
    Answer Applies to: Washington
    Replied: 8/3/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    Yes as long as he is not a cosigner or responsible for any of your debts.
    Answer Applies to: Texas
    Replied: 8/3/2012
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    Yes you can. You may have to disclose your husband's income however, and that may affect your means test analysis. The means test will determine your ability to file under Chapter 7 or Chapter 13.
    Answer Applies to: Oregon
    Replied: 8/3/2012
    The Smalley Law Firm, LLC | Cary Smalley
    Yes, you can file as an individual even if you are married.
    Answer Applies to: Kansas
    Replied: 8/3/2012
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