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Category: Bankruptcy Law
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Experience:  Bankruptcy Attorney
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I am in the process of going through a divorce in the state ...

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I am in the process of going through a divorce in the state of Texas. We were both told by our lawyers to not charge or accumulate any charges or any excessive spending during this waiting time. My soon to be ex-husband opened some new charge cards and max them all out. Now the creditors are calling and he can not pay the bills that he got in his name. He said that he is going to file for bankrupcty. My question to you - can he file without my consent? I do not want to file banruptcy. I can pay all my bills. I have a business and a rental property. Can I loose my business and rental house if we both file? Do I have to agree?
A spouse can file bankruptcy with or without the consent of the other spouse. Obviously, if they file by themselves, then it would be an individual as opposed to joint case

What happens with businesses and other property depends on their ownership. If they are community property, then the trustee can go after all of the community property in the bankruptcy. The trustee would not be able to go after separate property in the bankruptcy.

As far as the business and rental property, it would depend on how they are owned, when they were acquired, what amount of debt is owed on them, and how much they are worth. It is possible that the business and rental property could be lost in a bankruptcy if they had enough value that they could not be exempted. This is particularly true if the husband has a community property interest in those items.

The next step for you is to get an initial consultation with a bankruptcy attorney ASAP, so that you aren't suprised by your husband's filing and can plan for it.

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