What to do if you are married but filing individually?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if you are married but filing individually?
I am newly married, and my wife and I do not share any debt together. I was going to use a particular law firm to file Chapter 7; it was determined by them I did not qualify for Chapter 13. I told them I was newly married. They stated that they needed my wife’s information, otherwise they could not guarantee that my case would be discharged. My wife is absolutely against giving her information considering she had filed a bankruptcy before and she has worked hard to restore her good credit name. Would I be able to file a bankruptcy without her information?
Asked on April 11, 2013 under Bankruptcy Law, Georgia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Under federal bankruptcy laws you are entitled to file for bankruptcy protection regardless of information with respect to your spouse. Your filing would only discharge possibly your individual debt and not that of your spouse. I suggest you consult with your spouse and an experienced bankruptcy attorney as to your plan of action.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.