Can I file for bankruptcy without adding my wife? 32 Answers as of June 14, 2013

Ive bee married for almost 2 years in June my wife filed bankruptcy almost 3 years ago and now I'm in too much debit and it's all in my name can I file for bankruptcy with out adding her in it.

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Marc S. Stern
Marc S. Stern | Marc S. Stern
Certainly. There is no reason to do a joint filing. In fact, she is not eligible to receive a discharge.
Answer Applies to: Washington
Replied: 6/18/2012
Cohen & Kendziorra, P.A.
Cohen & Kendziorra, P.A. | Robert S. Cohen
Yes, you can file bankruptcy without including your wife in your filing.
Answer Applies to: Florida
Replied: 6/11/2012
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Yes, but you will have to disclose her income on your bankruptcy petition since she is part of your household. .
Answer Applies to: New York
Replied: 6/7/2012
AyerHoffman, LLP
AyerHoffman, LLP | David C. Ayer
Yes. You may file for relief from your debt without your wife, however, any debt you have together will become hers alone. You should consult with a bankruptcy attorney about the specifics of your situation.
Answer Applies to: Massachusetts
Replied: 6/7/2012
Attorney At Law | Harry D. Roth
Yes, you can. Be sure to tell your attorney that you are married, that your wife cannot file and why she cannot file. Her income must still be disclosed and her income will be taken into account when figuring the household budget. You are not getting a divorce from her, just filing a separate bankruptcy.
Answer Applies to: California
Replied: 6/7/2012
    Alvin Lundgren | Alvin Lundgren
    You do not need to have your wife file with you.
    Answer Applies to: Utah
    Replied: 6/7/2012
    Weber & Phillips, P.A.
    Weber & Phillips, P.A. | John G. Phillips
    Spouses do not have to file together. However, her income and expenses may have some bearing on what you qualify to file. That said though, you can do what you are seeking to do in most all cases.
    Answer Applies to: Arkansas
    Replied: 6/7/2012
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Yes. You can file without her, but her numbers determine if you can file and must be reported. This is something that requires a good lawyer.
    Answer Applies to: Georgia
    Replied: 6/7/2012
    Barbara Fontaine, Esquire | Barbara Fontaine
    You may file bankruptcy without adding your wife. You will have to account for her income in determining themeans test, but from what you are saying, this will not be a problem..The bankrupcy is yours.
    Answer Applies to: Rhode Island
    Replied: 6/7/2012
    Burton Green, Attorney | Burton Green
    You not only can, but will have to file without the wife. She is not eligible to be a debtor for 8 years from when she last filed for chapter 7 and 4 years if she filed for a chapter 13.
    Answer Applies to: Florida
    Replied: 6/7/2012
    Robert Peters, P.A.
    Robert Peters, P.A. | Robert L. Peters
    There is no requirement that you file with your spouse.
    Answer Applies to: Florida
    Replied: 6/7/2012
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    The answer is yes, but before you go further you need to determine what options bankruptcy might offer you. 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: 6/7/2012
    Law Offices of Swapna Anthoor
    Law Offices of Swapna Anthoor | Swapna Anthoor
    Yes, you can. You can file as an individual debtor.
    Answer Applies to: California
    Replied: 6/7/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Generally yes, get good bankruptcy counsel.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Yes, you are not required to both file. Please note, however, that any debt incurred during the marriage may be considered joint debt, so your discharge may not eliminate her obligation to repay it. I suggest talking to a bankruptcy attorney (and hiring one) before you file.
    Answer Applies to: California
    Replied: 6/7/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Any individual can file their own bankruptcy, regardless of whether they are married or not. However, her income would be considered in determining the means testing to see if you qualify for a Chapter 7.
    Answer Applies to: California
    Replied: 6/7/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Yes, you can file on your own. You don't have to file with your spouse.
    Answer Applies to: California
    Replied: 6/7/2012
    The Smalley Law Firm, LLC | Cary Smalley
    Yes, you can file bankruptcy individually even if you are married. You will just need to include her income for purposes of determining if you are eligible to file Chapter 7 under the means test.
    Answer Applies to: Kansas
    Replied: 6/7/2012
    Salberg Murdock
    Salberg Murdock | Jeffrey D. Salberg
    You are not required to file a joint bankruptcy if you are married. It is not unusual today to for married couples to each have individual debt in their own names.
    Answer Applies to: Utah
    Replied: 6/7/2012
    Neuhaus Law Office
    Neuhaus Law Office | Gregory M. Neuhaus
    Yes you can file alone. Remember however that her income will be included to determine eligibility and that any joint debts will revert to her.
    Answer Applies to: Nebraska
    Replied: 6/7/2012
    Wajda Law Group, APC
    Wajda Law Group, APC | Nicholas M. Wajda
    Yes. You can file bankruptcy individually regardless of whether you are married. However, you should note that your wife's assets, income, and/or expenses may have an effect on your bankruptcy filing. You should speak to an attorney about your overall situation to make sure everything goes smoothly.
    Answer Applies to: Nevada
    Replied: 6/7/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    Yes. You can file for bankruptcy by yourself, but the petition also asks for your wife's income and expense information.
    Answer Applies to: Texas
    Replied: 6/7/2012
    Steven Alpers | Steven Alpers
    Yes, if you meet the income limits, but it will only help you. If there are joint debts she will be forced to pay 100% of any joint debts so you may end up paying.
    Answer Applies to: California
    Replied: 6/7/2012
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