Can I file for bankruptcy if I am legally separated? - Bankruptcy Law Questions and Answers- LawQA.com

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Can I file for bankruptcy if I am legally separated?

What are the rules if someone is separated and wants to file for bankruptcy? Do I have to do it with her or does she not have to go through the bankruptcy too? Some of our accounts are in both of our names.

Stuart Jon Bierman  Attorney at Law
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Yes. You can file for bankruptcy either with or without your spouse. It does not matter if you are separated. I have a case now where a happily married person filed for bankruptcy without her spouse filing, and sometimes there are substantial advantages to doing so.

Answer Applies to: New Jersey
Replied: 12/16/2010

Law Offices of Michael J. Berger
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Yes, you can file for bankruptcy when you are legally separated. You can file an individual petition without your spouse. Your individual bankruptcy will not have any affect on the ability of creditors to try to collect joint obligations from your spouse.

Answer Applies to: California
Replied: 12/16/2010

Answer By Steven D. Keist
Steven D. Keist, Attorney at Law
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Yes but you will need to list your spouses income in the proceeding.

Answer Applies to: Arizona
Replied: 12/16/2010

Ursula G. Barrios Law
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You can file by yourself. Your ex will still be responsible for her debts unless she files. You can file jointly until the final order for divorce.

Answer Applies to: California
Replied: 12/16/2010

Answer By Dawn DiManna
DiManna Law Office, LLC.
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You can still file, but if you are going through a divorce the filing will stop all state court actions and you will not be able to proceed with your divorce without further motions in the bankruptcy court.

Answer Applies to: New Hampshire
Replied: 12/16/2010

Answer By Paul Zahn
Law Office of L. Paul Zahn
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You may file bankruptcy if you are separated. There is no requirement that the parties file a joint petition.

Answer Applies to: California
Replied: 12/16/2010

Answer By Tony Mankus
Mankus & Marchan, LTD
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If you are legally separated and live in separate households, you may file alone. Your obligation for any debts (joint, or otherwise) may be discharged, but hers will not - unless she files bankrupcy separately.

Answer Applies to: Illinois
Replied: 12/16/2010

William C. Gosnell, Attorney at Law
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If a divorce is looming they both of you should file together and save on the filing fees and attorney fees.

You have the right to file on just yourself but that will shift all of the joint debt to her. So she is going to get really angry.

Answer Applies to: Tennessee
Replied: 12/16/2010

Law Office of Raymond J. Dague, PLLC
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Yes. A legal separation has no effect on bankruptcy. I often file for just one of the two parties in a marriage even when they are happily living together, but the same is true if they are separated.

Answer Applies to: New York
Replied: 12/16/2010

Answer By Brian H. Nomi
The Law Office of Brian Nomi
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Be you married, separated, or single, you can file bankruptcy. Every individual has this right.

Answer Applies to: California
Replied: 12/15/2010

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