Legal Question in Bankruptcy in Texas


I am married and my husband does not want to file bankruptcy but I feel it is needed. I am aware that I can file for bankruptcy w/o him. Once I file, would it be possible for him to file bankruptcy as well for the same debt? (if he should change his mind)

Asked on 6/24/08, 11:35 pm

1 Answer from Attorneys

Alex Wathen Wathen & Associates

Re: bankruptcy

There is no requirement that both spouses file. Whether one or both files depends on your situation. Please note that you need to file to get a discharge and except for the co-debtor stays in Chapters 12 and 13 there is no protection for the non-filing spouse. Note that community property is also part of the bankruptcy estate. You need to consult with an attorney to determine what is appropriate in your situation.

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Answered on 6/25/08, 1:52 pm

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