Can my daughter file for chapter 7 without her husband? 28 Answers as of September 02, 2015

My daughter wants to file for chapter 7. She is separated for two years from her husband. All the bills are in her name. Can she file just herself?

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Joseph Lehn, Esq
Joseph Lehn, Esq | Lehn Law, PA
Yes. An individual that is separated can file a bankruptcy alone.
Answer Applies to: Florida
Replied: 11/10/2014
Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
That would be a yes.
Answer Applies to: Texas
Replied: 8/31/2015
EDWARD P RUSSELL | EDWARD P RUSSELL
That would be a yes.
Answer Applies to: Minnesota
Replied: 9/2/2015
Rhymer Law Firm
Rhymer Law Firm | William Rhymer
Yes. Married couples can file a Chapter 7 independently of their spouse.
Answer Applies to: Georgia
Replied: 11/3/2014
Freeman Law Group, LLC
Freeman Law Group, LLC | Derek Freeman
She could file bankruptcy on her own even if she were living together with her husband. Her debts are hers alone, and bankruptcy can be used to discharge many, if not all, of them.
Answer Applies to: Colorado
Replied: 11/3/2014
    Danville Law Group | Scott Jordan
    Yes, she does not need to include him or obtain his permission to file bankruptcy.
    Answer Applies to: California
    Replied: 10/29/2014
    Law Offices of David H. Relkin
    Law Offices of David H. Relkin | David H. Relkin
    Yes. She can file for bankruptcy on her own. There is no prohibition to file as a married person. If she has debts, she can file.
    Answer Applies to: New York
    Replied: 10/29/2014
    Cohen & Kendziorra, P.A.
    Cohen & Kendziorra, P.A. | Robert S. Cohen
    Yes, your daughter can file bankruptcy without her husband.
    Answer Applies to: Florida
    Replied: 10/29/2014
    D.J. Rausa, Attorney at Law | D.J. Rausa
    Yes she can. I advise contacting an attorney in your area for assistance.
    Answer Applies to: California
    Replied: 10/29/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Assuming your daughter qualifies for Chapter 7, there is no reason why she would be ineligible to file just because her husband does not file with her. But many people considering bankruptcy need to look at other options. Bankruptcy is a lifeline that should be used when there are no other options.
    Answer Applies to: Nevada
    Replied: 10/29/2014
    Paul Stuber, Attorney at Law
    Paul Stuber, Attorney at Law | Paul Stuber
    That would be a yes.
    Answer Applies to: Colorado
    Replied: 9/2/2015
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