Does a legal separation allow me to file for a single bankruptcy? 7 Answers as of August 12, 2011

I have been legally separated from my wife for a few years now. I need to file for bankruptcy, but I am not sure if she will be held liable for anything. Can I file for a single bankruptcy even though we are not divorced?

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Law Offices of Joseph A. Mannis
Law Offices of Joseph A. Mannis | Todd Mannis
Yes, you absolutely may file singly.
Answer Applies to: California
Replied: 8/12/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Either spouse can file a bankruptcy petition. Certain exemptions are not allowed unless a spousal waiver is signed. Contact an attorney to discuss this.
Answer Applies to: California
Replied: 8/12/2011
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
Yes. If you are separated then you can file separately. However the best exemptions (703) will only be available to you if your spouse voluntarily signs a waiver of exemptions.
Answer Applies to: California
Replied: 8/12/2011
Grasso Law Group
Grasso Law Group | Charles Grasso, Esq.
You can file for bankruptcy as an individual even though you are married. The end result will be that the non-filing spouse will remain liable on any joint obligations.
Answer Applies to: California
Replied: 8/12/2011
Carballo Law Offices
Carballo Law Offices | Tony E. Carballo
Yes, you can file an individual case even if married and not separated but if separated you do not need to include her income in your petition. You might be required to obtain a spousal waiver of exemptions from your spouse if you use a certain set of exemptions under California law to protect your property. You need to discus that with your attorney.
Answer Applies to: California
Replied: 8/12/2011
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