Can I file for bankruptcy without affecting my husband? - Bankruptcy Law Questions and Answers- LawQA.com

Free Answers to your Legal Questions by Lawyers.
ask »


Can I file for bankruptcy without affecting my husband?

My husband and I have some assets (home, cars)that are all in his name. Taxes and finances are completely separate. My business has bottomed out and left me $140+K in debt, including outstanding IRS taxes from a previous year and numerous college loans. Prospects for future business are not looking good. Debt consolidation is a likely next step, but I have no income. Bankruptcy may be the only solution. I've been advised that I can go bankrupt without affecting his assets. Is that true?

Answer By Eric Benzer
Eric J. Benzer, Attorney at Law
Contact this Attorney Now

Yes.

Answer Applies to: Maryland
Replied: 7/26/2011

Answer By Edward Port
The Port Law Firm
Contact this Attorney Now

If you file a bankruptcy only your assets are reviewed as long as the assets where always in your name or there are no transfer issues. Seek Professional advice.

Answer Applies to: Florida
Replied: 7/25/2011

Answer By Bill Zurinskas
Bankruptcy Law Center
Contact this Attorney Now

Yes, you can file bankruptcy alone without your spouse. Your spouse's assets will not be involved in your bankruptcy unless you transferred those assets to him in the last 4 years (or if your income or assets were used to purchase those assets). Your spouse's income will affect your bankruptcy as the means test applies to family income, not just your income alone (this can indirectly affect your husband).

Answer Applies to: Colorado
Replied: 7/25/2011

Theodore N. Stapleton, PC
Contact this Attorney Now

Generally yes but there are many things to consider.

Answer Applies to: Georgia
Replied: 7/25/2011

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
Contact this Attorney Now

California is a community property state, so if you have been married for awhile the "community" has made payments on "his" assets. When this happens you have a community property interest in those assets. You need to see a lawyer. There are ways to maximize the exemptions, so it may turn out you can file bankruptcy and keep all your assets. Most people do not lose a thing when they file.

Answer Applies to: California
Replied: 7/23/2011

Dearbonn Law Offices
Contact this Attorney Now

Yes, you can file a bankruptcy separately without affecting your husband's assets so long as the assets were acquired in his name alone. i.e if he purchased a house via mortgage for instance, your filing a bankruptcy will not affect him if your name is not on the mortgage.

Answer Applies to: Washington
Replied: 7/23/2011

Answer By David Benson
Benson Law Firm
Contact this Attorney Now

You can file bankruptcy individually and only your assets and liabilities will be included in the bankruptcy estate. However, the amount of your husband's income will be a factor in determining under which chapter you must file. If he is a high earner, you may have trouble qualifying for a Chapter 7 bankruptcy and may have to file under Chapter 13. This will impact him only to the extent that he may have to pay into your plan in order for you to discharge your debts.

Answer Applies to: Ohio
Replied: 7/23/2011

Bankruptcy Law office of Bill Rubendall
Contact this Attorney Now

Either spouse can file a bankruptcy. The separate property of the non-filing spouse is not part of the bankruptcy. However, the community property of both is part of the estate in bankruptcy. Before filing bankruptcy consult with an attorney.

Answer Applies to: California
Replied: 7/23/2011

Answer By C. David Hester
Guardian Law Group PLLC
Contact this Attorney Now

Yes you can if the debts are all in your name and creditors don't contest that the debts were incurred for a famiy purpose. Remember that you cannot discharge student loans or or IRS except in limited circumstances.

Answer Applies to: Utah
Replied: 7/23/2011

Answer By Daniel Moulton
Law Offices of Daniel Moulton
Contact this Attorney Now

As long as you didn't transfer assets to him in the last five years.

Answer Applies to: Illinois
Replied: 7/23/2011

© 2017 MH Sub I, LLC. All rights reserved.
Terms & Conditions | Privacy Policy | IB Cookie Policy