Is it possible for one spouse to file Chapter 13 and the other chapter 7? 12 Answers as of December 02, 2015

We are living separately. He has 3 years of taxes he still needs to file too.

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, each spouse can independently file Chapter 7, Chapter 13 or not file regardless of what the other spouse does.
Answer Applies to: Ohio
Replied: 12/2/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
If you are separate you may each file your own case.
Answer Applies to: California
Replied: 11/19/2015
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
Yes, this is possible.
Answer Applies to: Nevada
Replied: 11/19/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
It is possible for each spouse to file a bankruptcy and for each to chose to file a different type of bankruptcy. This could be a good idea, or it could be a very bad idea. More details would be needed to answer this.
Answer Applies to: Nevada
Replied: 11/19/2015
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Yes, but it could be tricky.
Answer Applies to: Colorado
Replied: 11/19/2015
    Portland Bankruptcy Law Group
    Portland Bankruptcy Law Group | Christopher J. Kane
    If you are married, you can both file bankruptcy in a joint case. However, you don't have to file together, and you can each file your own cases. That makes much more sense to file separately if you are separated and don't share assets.
    Answer Applies to: Oregon
    Replied: 11/19/2015
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney