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According to my lawyer, the answer is yes. I just did and my husband isn't involved since all the debt is in my name. If you have joint accounts both people on the accounts must be involved, but if it's just in one person's name, then just that person can file seperately.
Wiki User
∙ 15y ago
Wiki User
∙ 12y agothey should i am not for sure but they should be able too
Wiki User
∙ 15y agoYes a spouse can file without the other...however..you must still report the other spouse's income on the paperwork including the means test (which determines if you can file under Chapter 7)
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If you own a home and Jointly and your dead beat husband files chapter 13 against your wishes can you sue?
In general (of course there might be a state statute that differs, in the state of jurisdiction for the bankruptcy filing), any citizen can file chapter 7 or 13 bankruptcy individually without consent of their spouse. Probably, you don NOT have a valid cause for action against your spouse in such cases. If I were you, I would read a primer about filing chapter 13 bankruptcy (an excellent book is "The New Bankruptcy, will it work for You?" 3rd edition by Stephen Elias, published in 2009 by Nolo; 346.078 E42N Dewey decimal), and check pertinent state law about a spouse filing bankruptcy individually. Also determine whether your spouse is trying to file jointly while keeping you in the dark -- you can defeat that claim without having to sue, just contact the bankruptcy trustee / judge. If you need legal advise pertinent to your state, then check for a paralegal who specializes in filing bankruptcies as well as a lawyer (such paralegals are just as familiar with bankruptcy processing and pertinent state law, and charge less for their service).
When can you leave the home without your spouse claiming desertion while you're getting a divorce?
You can Leave your spouse with out him being able to claim you deserted him if your spouse beat you or was unfaithful but you also have to be able to prove it.
How can you claim bankruptcy to avoid paying bills?
In order to claim bankruptcy a court has to issue a bankruptcy order against you. The best place to find information about bankruptcy and the whole process of declaring bankruptcy is the official government website.
Can i sue someone if i am in the prossess of a chapter 7 bankruptcy?
Not as a rule. If the claim was something that arose after the filing, it will depend on the nature of the claim. If the claim arose prior to filing, you must have disclosed the claim in the bankruptcy documents and the trustee may take over the claim. Consult a lawyer knowledgeable in bankruptcy.
If a spouse passes away two months after you filed bankruptcy are the courts entitled to their life insurance policy and if so how long should you wait before filing a claim?
Most death benefits are exempted from bankruptcy procedure. This however depends on the type of bankruptcy being filed, and perhaps to the laws of the state of residency.
Where can I find free information on reasons to file bankruptcy and how to claim and file bankruptcy on my own?
It's very difficult to file without a lawyer, but it can be done. The US government themselves lay out the process at http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyResources/FilingBankruptcyWithoutAttorney.aspx
In a chapter 13 bankruptcy what if the trustee calls for an order expunging claim?
A judge or court may sometimes expunge a claim in bankruptcy court. This means that the claim is erased, as if it never happened.
Can you reaffirm your first mortgage without reaffirming your second mortgage after filing bankruptcy?
You should file a 'proof of claim" with the bankruptcy court and take you place in line to be paid...whcih will likely be a few pennies on the dollar.
In Texas can a spouse whose name is on the deed and mortgage sell their house without the other spouse consent?
If both names are on the deed, then both signatures are required. If the spouse has signed a quit claim deed to the home, then the other does not need consent.
What is the legal position of husband with the regard to a wife's property when she was single?
In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.
Can you claim bankruptcy for terminaly ill dad?
Yes.
Can you file a claim in a bankruptcy for repossession fees?
Sure
