Several possible reasons.
Codebtors get notice. If you are still jointly on any debts with her, even if you have worked out in the divorce who is responsible for paying them, then she gets notice.
Domestic support recipients get notice in a chapter 13, even if you are completely current. So if you have to pay her any spousal or child support, she gets to know about the bankruptcy even if you don't owe any arrears and the bankruptcy has "nothing to do with" her check.
Creditors get notice. If you owe her anything, she has the same rights as any other creditor to show up at the hearing, file objections, etc. But since I'd think you'd remember if you listed her as a creditor and expect the problem, my guess is it is one of the former two reasons.
If her name is on a loan that you file bankruptcy on than she would then be responsible for that loan. Filing a bankruptcy only gets your name off the loan(s), you would both need to file together.
You will be responsible for the whole debt since you are the only one capable of paying the debt after your wife's bankruptcy.
A husband (or wife) may file for bankruptcy separate from his or her spouse. Technically speaking, this should have no effect on the other spouse as they are filing bankruptcy for their separate debts and you will not be held responsible for their debts nor will it be reflected on your credit report, etc. It is important to note that those debts you held jointly will remain with you (the spouse that did not file for bankruptcy).
I really don\'t think so
You have to file Joint, not only have you both co-signed everything but she responsible legally by marriage.
You might be able to file bankruptcy individually, but the bankruptcy trustee will scrutinize joint assets and income to determine whether they must be included in your individual filing. Therefor, there may be more reasons that the bankruptcy trustee would determine as cause to dismiss your bankruptcy claim. Note that if rejection of your bankruptcy claim is upheld by the bankruptcy court, actually your have only lost your time and expenses to file that particular bankruptcy claim. An excellent book for detailed perspective on filing chapter 7 or chapter 13 bankruptcy: "The New Bankruptcy, will it work for You?" 3rd edition (published in 2009 by Nolo), by Stephen Elias. I found this book in the Colorado Springs public library under 346.078 E42N (Dewey decimal).
If that someone has a next of kin - wife/husband he or she can go to a lawyer and file a letter of administration if the person has no wife/husband then the children can file for the letter of administration for the estate.
It depends on your state. You should definitely get a lawyer!
In most states filing for divorce is not going to get the other spouse out of helping to pay bankruptcy debts. Many states have a communal property law that states both spouses are liable for debts, both during marriage and during a divorce.
Not if the debt is discharged in the bankruptcy.
Certainly. Your spouse does not have to be part of the BK filing. However if there are joint debts, or if you live in a community property state the best option is for both to file.
You can always file as an individual but whether that would do any good depends on your state law, because in some states, debts are considered to be joint even if in one name so if in say the wife's name and wife files, husband may be responsible due to the marital relationship.