Can I file for bankruptcy without affecting my husband who I am legally separated from? 22 Answers as of March 05, 2014

Since 2009, my husband and I got a legal separation, with separate maintenance. I live in our home, he bought a mobile home and lives in it on my son's land. I don't want him or his assets involved, I'd rather he not even know about this. Can I file bankruptcy without it affecting him? I have 2 credit cards and payday loans, other bills but I want to keep my pickup payment, not include in this. I always paid bills before they were due until the Indian Casinos got all over the place. I'm in a mess. I take full responsibility, but really stressed out. Thanks.

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Stephens Gourley & Bywater | David A. Stephens
You can file bankruptcy without affecting him if you do not have any joint debts.
Answer Applies to: Nevada
Replied: 3/5/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
First, you must list all your debts in bankruptcy. You can not pick and choose. Second, your husband does not need to be involved because of the legal separation. But debts that are joint, will affect him because the creditor will come looking to him for payment. Third, stay out casinos! It is a suckers game, (but you should know that by now).
Answer Applies to: California
Replied: 3/5/2014
Law Offices of Linda Rose Fessler | Linda Fessler
I do not know what the Indian Casinos have to do with it, but if you have a gambling habit, I suggest you get involved with Gambler's Anonymous. As for the bankruptcy, if you were legally separated in Court and if all your debts are yours alone, it should not effect your husband. List the pickup in the bankruptcy and say that you want to reaffirm the debt.
Answer Applies to: California
Replied: 3/5/2014
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
It depends. If you have any debt that also has your husband's name on it then he will have to be listed as a co-debtor and will receive notice of the bankruptcy. If debts are listed on both of your credit reports or his name is on anything that you owe then he may be affected no matter what your marital settlement agreement says. Also if you took any community debts in the marital settlement there is a possibility that once you file bankruptcy those creditors will go after your husband for payment. If all assets were separated and in each of your individual names then it should not impact any assets. You say you live in "our home." Does that mean you co-own the home? It would help you to go see a local, knowledgeable, bankruptcy attorney for advice.
Answer Applies to: California
Replied: 3/4/2014
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
All your assets and debts must be included in your bk. If you and your husband do not hold any debts or assets together then he should not be affected.
Answer Applies to: Nevada
Replied: 3/4/2014
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Yes, you can file without including your husband, or his income and assets. You can keep your pick up truck as long as you are current on the truck payments.
    Answer Applies to: Colorado
    Replied: 3/4/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    Yes, if you are separated you may file bankruptcy without including your spouse or his assets (as long as they are not considered your assets.) You would need to notify him of the bankruptcy only if you owe him money. Your truck payment probably can be reaffirmed but the lender must be notified. Payday loans also have to be listed although if they were very recent, the lender might object to discharging the recent ones. You also have to report any gambling losses you had in the past year. If it was a lot, you need to be prepared to answer questions about it at the hearing. All of these issues are manageable and an experienced bankruptcy attorney can help you through them.
    Answer Applies to: Oregon
    Replied: 3/4/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If you are separated then you may still be entitled to half of his assets which may bring him into the bankruptcy. If there is no asset worth the money for a trustee to try to go after then he probably would not be involved.
    Answer Applies to: New York
    Replied: 3/4/2014
    Meister & McCracken Law Firm, PLLC | Joanne M. McCracken
    Yes, you may file without your husband or his assets being involved unless the two of you have joint debt. There may also be some concerns about the home if he is responsible for the mortgage. Consult a bankruptcy attorney who can advise you more fully based on your factual situation.
    Answer Applies to: Arkansas
    Replied: 3/4/2014
    Hoang & Tran PLLC | Adam Tran
    You can file for bankruptcy but he will be identified on the petition and schedules.
    Answer Applies to: Texas
    Replied: 3/4/2014
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    You can file alone.
    Answer Applies to: South Carolina
    Replied: 3/4/2014
    The Law Office of M Grater LLC
    The Law Office of M Grater LLC | Mark O. Grater
    Yes, your bankruptcy will go on your credit record and not your husbands unless there is joint debt which doesn't get paid.
    Answer Applies to: Connecticut
    Replied: 3/4/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    You need to see an attorney who can review all of the details of your situation. Your bankruptcy may or may not have an effect on your spouse, depending on the specific details of your situation. In all likelihood, your spouse will find out about the bankruptcy (he will most likely need to be listed as a creditor).
    Answer Applies to: California
    Replied: 3/4/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    If you and your husband have joint accounts together, your bankruptcy is bound to show up on his credit report and will get his attention. If you and your husband don't have joint accounts together, it won't affect his credit report. However, in a community property state such as Nevada, any property acquired during the marriage is presumed to be community property & the fact that he acquired additional assets after you separated with his earnings is meanless unless the court order of legal separation specifically addresses your property issues.
    Answer Applies to: Nevada
    Replied: 3/4/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    If you and your husband live separately, the filing of a bankruptcy should not affect him or his property at all. If the property is not jointly owned, the bankruptcy courts will not look into it.
    Answer Applies to: Ohio
    Replied: 3/4/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    When you file for bankruptcy you are required to disclose ALL of your debts - even the ones you want to continue to repay. There is no such thing as keeping a car loan out if the bankruptcy. As for your husband, the answer depends upon whether there are still any assets in both your names and whether any o your debts are joint with him. You should consider scheduling a consultation with a bankruptcy lawyer to get more information about how the process might work for you.
    Answer Applies to: Colorado
    Replied: 3/4/2014
    Law Offices of Daniel J Winter
    Law Offices of Daniel J Winter | Daniel J Winter
    Yes, you can file bankruptcy without your husband. Whether he finds out or will know or be affected depends on if you have any joint bills with him. Call a bankruptcy lawyer and set up a free consultation, and bring your bills, last 4 years of tax returns, and pay stubs for the last 6 months. Then you can review and discuss how everything would work, and whether your husband will be affected. Then you will know, and won't be as stressed out.
    Answer Applies to: Illinois
    Replied: 3/4/2014
    Law Offices of Eric W. I. Anglin
    Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
    You may file as an individual. If any of the debts are jointly held then you need to include him as a co-debtor. You need to consult an attorney since the issues of divorce/separation and bankruptcy may complicate things for you.
    Answer Applies to: Indiana
    Replied: 3/4/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    If you are still married, he will have to get notice of the proceeding and your community assets can be involved. However, the community is deemed to have ended at the date of separation.
    Answer Applies to: California
    Replied: 3/3/2014
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    First, you can file without affecting him. Second, don't make any further payments on any payday loans. They are not only evil but illegal in the State of Connecticut. Tell your friends and family never to engage in any payday loans. Furthermore, because they are illegal to begin with bankruptcy will have no effect upon them as these companies do not follow the law. You also should be aware that most of the payday loans steal and sell your identity with the information you voluntarily gave them. Also, they will pretend to be police, IRS and any other number of intimidating agencies to try and collect on you for all eternity. Never ever use a payday loan, ever!
    Answer Applies to: Connecticut
    Replied: 3/4/2014
    Law Offices of A. J. Mitchell, LLC
    Law Offices of A. J. Mitchell, LLC | A. J. Mitchell
    Yes - you can file individually without involving your husband. Recommend that you seek a free consultation from an experienced bankruptcy attorney in this regard.
    Answer Applies to: Georgia
    Replied: 3/4/2014
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    Yes you can but there are look back periods you need to be aware of.
    Answer Applies to: New York
    Replied: 3/4/2014
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