Legal Question in Bankruptcy in California

If you are married and your spouse wants to file bankruptcy but my name is not on any account do I need to sign any paperwork?

Asked on 6/14/13, 9:49 pm

2 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

Either spouse can file individually but if would be a good idea for you to consult with a bankruptcy attorney.

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Answered on 6/14/13, 11:55 pm
Asaph Abrams Law Office of Asaph Abrams

When a spouse files bankruptcy separately from her spouse, it's imperative that the latter cooperate and remain informed of the bankruptcy process; community property and community income are affected in bankruptcy (that usually doesn't imply any adverse effect). In California, the non bankruptcy filing spouse is much-more-often-than-not requested to sign a waiver permitting the spouse in bankruptcy to claim superior exemptions (allowances) to protect community property. Community property may extend to property held in title by the non bankruptcy filing spouse.

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Answered on 6/17/13, 9:43 am


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