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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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i have been seperated for over a year, i have given my soon

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i have been seperated for over a year, i have given my soon to be ex paperwork to sign for a divorce. she refuses to sign and says she is filing bankruptcy then she will sign. can she file bankruptcy without my signature? How will the bankruptcy affect me if we have nothing jointly in our names?


Thank you for your question. I am happy to assist you.

A husband and wife are not required to file a bankruptcy jointly. One party can file without the other.

The effect on the non-filing spouse will be dependent upon whether there are joint debts and/or joint assets. If there are no joint debts and no joint assets, there may be little or no effect on the non-filing spouse. If there are joint debts and/or joint assets, the non-filing spouse would remain liable on the joint debt and the joint assets would need to be included in the filing.

Customer: replied 8 years ago.
Thank you. If we had a car together that has already been repossessed, can that be included in the bankruptcy?

Yes it can be. However, your personal liability on the loan will be unaffected.
Ellen and 2 other Bankruptcy Law Specialists are ready to help you
Thank you very much for the bonus. Good luck to you.