Can my wife file bankruptcy without me? 21 Answers as of August 25, 2011

My wife has accrued a lot of CC debt and was laid off from her job a few months ago. I know she can't file for joint BK without my consent, but even if she files by herself it will affect me. I'm scared she will file without telling me. Is this possible?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
yes she can file without you but has to schedule your income in the petition.
Answer Applies to: Washington
Replied: 8/25/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
It is possible for your wife to file without telling you, however, you should get a notice once she files. It would be a good idea to get your questions answered by a Bankruptcy Attorney. Who knows, maybe your fears will be satisfied and you will support her in her filing.
Answer Applies to: New Hampshire
Replied: 7/21/2011
Law Office of Jackie Robert Geller
Law Office of Jackie Robert Geller | Jackie Robert Geller
Yes, legally, she can file by herself and not advise you.
Answer Applies to: California
Replied: 7/20/2011
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
Yes.
Answer Applies to: California
Replied: 7/20/2011
Tucker Legal Clinic
Tucker Legal Clinic | Samuel Tucker
Yes, either spouse can file separately.
Answer Applies to: Mississippi
Replied: 7/20/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    She can file alone if she chooses.
    Answer Applies to: California
    Replied: 7/20/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    Your wife does not need to notify you or get your consent to file bankruptcy in most states.
    Answer Applies to: Colorado
    Replied: 7/20/2011
    The Port Law Firm
    The Port Law Firm | Edward Port
    Your wife can file a bankruptcy on her own without your consent. Her filing will not affect you unless you have joint debt and are not paying on it.
    Answer Applies to: Florida
    Replied: 7/20/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You have to sign the papers to file for bankruptcy. She can not force you there. It should not affect you if she does. If something shows up on your credit report you can dispute it. Whether or not she tells you is an issue in your marriage, it is not a bankruptcy issue.
    Answer Applies to: California
    Replied: 7/19/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Either spouse can file a bankruptcy petition without the other person's consent. The only time a consent form is required is if the filer wants to claim exemptions pursuant to Code of Civil Procedure Section 704 etc. This form is called a spousal waiver and pertains only to what property is protected, not the right to file the case itself.
    Answer Applies to: California
    Replied: 7/19/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Yes, as long as she utilizes 704 exemptions.
    Answer Applies to: California
    Replied: 7/19/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    If she files without you, and she can if she wants to, it does NOT affect you unless you have jointly owned assets or debts.
    Answer Applies to: Georgia
    Replied: 7/19/2011
    The Law Offices of Steven Grace
    The Law Offices of Steven Grace | Steven Grace
    You're right its illegal to file for bankruptcy on behalf of another person without their consent (a joint bankruptcy), but as I understand the right to file bankruptcy is an individual right and can be exercised by anyone. So yes, she probably can file. If she does, all of your co-signed debts will still be in your name and yes, you will be liable for them. This issue comes up in divorces very often and usually it pushes both people into bankruptcy for just this reason, unless the divorce judgment orders the other party to pay their marital debt. I hope this helps.
    Answer Applies to: Illinois
    Replied: 7/19/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Yes, she can.
    Answer Applies to: California
    Replied: 7/19/2011
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