Can a spouse file for bankruptcy without the other party being involved? 20 Answers as of June 19, 2013

I received a letter pertaining to my wifes bankruptcy case. We are seperated but not legally since January 2012.

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Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Yes it is possible to file bankruptcy without the spouse.
Answer Applies to: Indiana
Replied: 3/5/2012
Law Office of Asaph Abrams
Law Office of Asaph Abrams | Asaph Abrams
Community assets are a big part of the equation here. You should seek your own counsel that specializes in bankruptcy to see how you may be affected by her filing.
Answer Applies to: California
Replied: 3/2/2012
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
Yes.
Answer Applies to: California
Replied: 5/30/2013
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Yes, but if you are in a community property state they can go after the non-filing spouse.
Answer Applies to: Washington
Replied: 2/29/2012
Charles Schneider, P.C.
Charles Schneider, P.C. | Charles J. Schneider
Yes.
Answer Applies to: Michigan
Replied: 5/30/2013
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Yes, a spouse can file for bankruptcy without the other party being involved. This is especially true if the parties are separated.
    Answer Applies to: California
    Replied: 2/28/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    One spouse can file without the other. The non-filing spouse is involved if there are joint debts as the creditors can still come after you for the full balance due, and if there are joint assets which are not or cannot be exempted, then the trustee can sell it to use her amount to pay her creditors.
    Answer Applies to: California
    Replied: 2/28/2012
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