Do I need a legal separation to file for bankruptcy? 3 Answers as of August 16, 2010

I am bogged down by my student loans and very high credit card debt. Can I file for bankruptcy separate from my husband? We do not mix our money. He is in a better financial situation than I am and has assets including property. Do I need to be separated from him in order to file for personal bankruptcy on my own?

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David Nelson
David Nelson | David Nelson
If you are planning to separate from him and/or get a divorce for reasons other than bankruptcy, then great go ahead and do it. If you are planning to separate from him in order to file a bankruptcy that will effectively defraud your creditors, then it is a bad idea.
Answer Applies to: California
Replied: 8/13/2010
Halpern Law Offices
Halpern Law Offices | Daniel B. Halpern
No, you do not have to be separated from your husband to file for personal bankruptcy. If you would you would like more detail please call us.
Answer Applies to: California
Replied: 8/12/2010
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