Legal Question in Bankruptcy in New Mexico

Filing Bankruptcy without spouse's knowledge

Can a spouse, who you are separated from and currently in the process of divorcing, file bankruptcy without your knowledge or consent? Is there anyway to stop this once they have filed without your knowledge or consent?


Asked on 3/17/05, 4:06 pm

2 Answers from Attorneys

Judith Deming Deming & Associates

Re: Filing Bankruptcy without spouse's knowledge

Yes, they can file; no, you cannot stop them from filng.

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Answered on 3/17/05, 7:47 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Filing Bankruptcy without spouse's knowledge

It's possible to do so, although the estranged spouse will usually find out about it when credit card companies start looking to the spouse for payment.

Most likely, your soon-to-be ex- did not list all of your assets which is also required. Scrutinize the petition and see if there's anything grossly inaccurate. If so, you may bring that to the attention of the trustee.

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Answered on 3/17/05, 5:34 pm


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