Can I file bankruptcy without affecting my ex? 15 Answers as of June 10, 2013

I have been legally separated since 1993. It is registered at state and federal levels and we have no money connections or obligations, but because of my disability I have run out of places to live and she has opened a room to me. I do chores and pay a small amount of rent. I have worked out payment plans with most of my creditors but there are 2 that have purchased accounts and are hounding me for immediate payment. Am I able to file a bankruptcy without affecting her? My only real possession is 2000 Chevy pick up that I had to refinance recently and I own zero real properties.

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Dearbonn Law Offices
Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
yes, file alone and provide evidence of a legal separation between the two of you. your case is pretty straight forward. Your filing Bk will not affect her.
Answer Applies to: Washington
Replied: 5/17/2011
Cohen & Kendziorra, P.A.
Cohen & Kendziorra, P.A. | Robert S. Cohen
Yes you can provided none of the accounts are joint with her.
Answer Applies to: Florida
Replied: 5/17/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
In the event that your ex is not listed as an owner, or authorized party for any of your debts, then you filing should not affect them.
Answer Applies to: New Hampshire
Replied: 5/17/2011
Jackson White, PC
Jackson White, PC | Spencer Hale
You can file on your own. Your spouse's credit report will not show she filed bankruptcy, however often times suggestions of a bankruptcy have ways of creeping onto a spouse's credit report. This is most often the case when there is a joint debt. It sounds like you two don't have any joint debts so the likelihood of your spouse's credit report showing some sort of indication of bankruptcy is greatly reduced - not eliminated, but greatly reduced.
Answer Applies to: Arizona
Replied: 5/17/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Your "ex" is not your ex if you are legally separated by not divorced. A filing by one spouse will be reported on both credit reports. Also, to claim proper exemptions the non-filing spouse may need to sign a "spousal waiver." These issues suggest that you should seek the advice of an attorney who is a certified specialist in bankruptcy law. Consult the State Bar for a listing of those attorneys in your area.
Answer Applies to: California
Replied: 5/16/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Assuming your debts were incurred post-separation, your bankruptcy should not affect her.
    Answer Applies to: California
    Replied: 5/16/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    If you are receiving SSI or SSDI you are "judgement proof." There is nothing the creditors can do to you, even if they get a judgement. You should send them "do not call letters" and stop paying them. If they call you after you send the letters, (certified mail, return receipt and keep a copy for your records).. log the calls. Write down the date and time of all calls, photograph the incoming call if you can. Write down what they say. Call a lawyer who handles Fair Debt Collection cases. If you decide to file bankruptcy, it will not affect her.
    Answer Applies to: California
    Replied: 5/16/2011
    Law Office of Larry Webb
    Law Office of Larry Webb | Larry Webb
    If your ex is not a co-debtor you bankruptcy should not affect her.
    Answer Applies to: California
    Replied: 5/16/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    I cannot imagine how your bankruptcy case will affect your ex. It will not affect her credit and if you are legally separated you do not need to list her income or separate property in your bankruptcy petition.
    Answer Applies to: California
    Replied: 5/16/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    Everything you say indicates you can file bankruptcy without involving the ex. I am very sorry that you refinanced the truck recently. If you did that to make those small payments to those creditors you really need to look seriously at bankruptcy. Then use your small available money to get the title to your truck back in your name.
    Answer Applies to: Virginia
    Replied: 5/16/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Yes you can.
    Answer Applies to: California
    Replied: 6/10/2013
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    Divorce tie ins to bankruptcy are tricky. If done wrong, you can expose yourself to liability for contempt and indemnification. From what you say in this question, it sounds like there will likely be no issues. Even if there are issues, there are ways to protect the ex through proper bankruptcy preparation. I'd suggest calling my offices and we can go over the specifics of your situation.
    Answer Applies to: Oregon
    Replied: 5/16/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    Why haven't you finalized the divorce? If you're still legally married, you can file an individual case, but must disclose the fact that you are married. You also need to disclose that you live in the same household and your wife. I cannot say whether this will have an impact to your "ex" or not without additional information.
    Answer Applies to: California
    Replied: 5/16/2011
    Law Office of Eric Ridley
    Law Office of Eric Ridley | Eric Ridley
    Yes, you are able to file bankruptcy individually.
    Answer Applies to: California
    Replied: 5/16/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    If she is not on any loans that you have in your name and she has not co-signed on any of your debt, then she would not be effected by your filing bankruptcy. If you are looking for an attorney and are in my area, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/16/2011
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