Could my spouse file bankruptcy without notifying me? 10 Answers as of September 21, 2015

I have been separated from my wife for nearly 3 years, but we are still legally married. I just discovered that she filed Chapter 7 bankruptcy. But now her creditors are coming after me. We have joint debt together too. Am I liable for her debt and can she do all of this without even notifying me?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Ronald K. Nims LLC | Ronald K. Nims
Yes, she can file bankruptcy without notifying you. You're married not master and slave. If you have joint creditors, then you're still liable and she's not. If it's her separate debt, then your not liable. Filing bankruptcy is one of the methods for getting a spouse who's dragging their feet on a divorce to get moving.
Answer Applies to: Ohio
Replied: 9/21/2015
Law Office of Michael Johnson
Law Office of Michael Johnson | Michael Johnson
If you don't have joint debt, then no you will not be responsible for her debt.
Answer Applies to: Florida
Replied: 9/17/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
A wife is not your property and can certainly file bankruptcy without your permission or without notifying you. Her creditors will only be able to collect from you if you also owe the debts.
Answer Applies to: Nevada
Replied: 9/16/2015
Law Office of Marlin Branstetter
Law Office of Marlin Branstetter | Marlin Branstetter
Your spouse may file bankruptcy without notifying you. She would receive a discharge but you could be responsible for incurred while you were married.
Answer Applies to: California
Replied: 9/16/2015
Charles Schneider, P.C.
Charles Schneider, P.C. | Charles J. Schneider
Yes she does not need to consult you and you will remain responsible for joint debt.
Answer Applies to: Michigan
Replied: 9/16/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes she can do it without you, and yes the creditors will come after you for the joint accounts. You are not liable for her separate debt (incurred after separation) unless you are a co-debtor on the account. When a relationship goes south, it is best get off the joint accounts ASAP.
    Answer Applies to: California
    Replied: 9/16/2015
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Yes she can file bankruptcy without notifying you unless you are a creditor of hers. If there are debts where both of you were liable, her obligation would be discharged in the bankruptcy, but your obligation to pay remains. The fact she filed bankruptcy does not eliminate the debt, just her legal obligation to pay it, not yours.
    Answer Applies to: California
    Replied: 9/16/2015
    CARL C SILVER ATTORNEY AT LAW
    CARL C SILVER ATTORNEY AT LAW | Carl C Silver
    That would be a yes.
    Answer Applies to: Michigan
    Replied: 9/16/2015
    Freeman Law Group, LLC
    Freeman Law Group, LLC | Derek Freeman
    As a codebtor you should have received notice of your spouse's bankruptcy filing. As for your legal options, you don't have many. Whether you were notified of the bankruptcy or not, if your spouse was eligible to receive a bankruptcy discharge, then she got one. You only have a case against her if you would have been able to legally challenge her right to discharge had you received timely notice. In other words, if you received notice when your spouse filed bankruptcy, would you have been able to object to discharge of these debts? And by "object" I mean file a legal objection - general objections don't count. If so, you might have legal options; if not, then legally, you were not harmed by the lack of notice. As a codebtor, you are now the only person these creditors can collect from, and you better believe they will try. The bankruptcy discharged the debt as to your spouse, but not as to you.
    Answer Applies to: Colorado
    Replied: 9/16/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes, you can file bankruptcy without notifying you unless you are one of her creditors which he is seeking to discharge. Generally, you should not be liable for any debts which were incurred in her sole name in which you did not agree to and sign on.
    Answer Applies to: Michigan
    Replied: 9/16/2015
Click to View More Answers: