Legal Question in Bankruptcy in Florida

I am married and want to file bankruptcy on my debts owed individually. Will my husband have to be involved in the proceedings at all?


Asked on 2/10/10, 10:44 am

2 Answers from Attorneys

Joseph Brien THE PEOPLE'S ADVOCATE

Yes. If you are married and live together, your husband's income is part of the filing. And part of the Means test when filing for Chapter 7.

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Answered on 2/15/10, 10:54 am
Robert Wilcox Wilcox Law Firm

You can file individually, without your husband.

If you want to file Chapter 7, your husband's income is used in determining whether or not you are eligible to file a Chapter 7 case.

If you file a Chapter 13, your combined family income is used to determine the amount you will pay to unsecured creditors.

I interpret your question as also inquiring about whether his assets will be an issue. The answwer to that is "No".

We routinely file cases for one spouse, where for all practical purposes the other spouse is not involved.

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Answered on 2/15/10, 11:52 am


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