Legal Question in Bankruptcy in California

I was just wondering if I was to file bankruptcy for example chapter 11 or 13 do I have include my wife on it or can I file it without her...

Asked on 4/25/13, 4:22 pm

4 Answers from Attorneys

Todd Mannis Law Offices of Joseph A. Mannis

first, I'm guessing you mean Chapter 7 and Chapter 13, as Chapter 11 is generally for a business.

Having said that, the answer is you may file either way, but unless there is a compelling reason to leave her out, probably makes more sense for you to file a joint petition. Otherwise, you may find out that the creditors come after the non-filing spouse, who then ends up having to file anyway, and now you're doing two bankruptcies when you could have done one. Translation: more fees. And if you're talking about Chapter 13, a LOT more fees.

TODD MANNIS, ESQ.

Calabasas, California

(818) 591-9890

www.mannislaw.com

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Answered on 4/25/13, 5:18 pm
Asaph Abrams Law Office of Asaph Abrams

A spouse may file sans spouse, but beware, mon frère, lest you later grouse, 'cause community counts! This we mustn't discount.

See http://www.sandiegolawyer-bankruptcy.com/faqs/bankruptcy-faqs/#spouse

This answer (as well as our Web site) by San Diego Bankruptcy Attorney, Asaph Abrams doesn’t address all facts, parts & implications of the question; it’s general bankruptcy info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA bankruptcy law only and/or specific chapters of the Bankruptcy Code only; certain facts may be relevant to the San Diego Bankruptcy Court only; it’s independent of other answers. Seek legal counsel before acting on or refraining from bankruptcy- or other legal-action.

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Answered on 4/25/13, 5:23 pm
Michael Avanesian Avanesian Law Firm

I think you should consult with an attorney because you don't want to deal with the consequences of doing something incorrectly.

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Answered on 4/25/13, 5:30 pm
Scott Jordan Dunning Law Firm

Yes, you can file alone. However, your wife's income will be included as a factor in any bankruptcy decisions.

The various advice provided by my colleagues is correct. Be careful! You should consult with a bankruptcy attorney before making any decisions.

Please feel free to call me to discuss further. My office number is (925) 362-1725.

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Answered on 4/25/13, 5:47 pm


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