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...
4 Answers from Attorneys
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.
A spouse may file sans spouse, but beware, mon frère, lest you later grouse, 'cause community counts! This we mustn't discount.
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.
I think you should consult with an attorney because you don't want to deal with the consequences of doing something incorrectly.
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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