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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12925
Experience:  B.A.; M.B.A.; J.D.
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could my husband file for bankcruptcy on his own? weve separated

Resolved Question:

could my husband file for bankcruptcy on his own? we've separated 2 months now but no legal separation or divorce has been filed.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.


could my husband file for bankcruptcy on his own? we've separated 2 months now but no legal separation or divorce has been filed.



Response: Yes, your husband can file for bankruptcy protection on his own. However, since you are not legally separated, your husband must provide your income information for Means Test Calculation to determine his financial eligibility for the bankruptcy filing.

Customer: replied 1 year ago.

can he provide my income without my consent? & we have some accounts (car, house) under both our names...i receive SSD....can he put these items in bankcupcy without my permission?

Expert:  Phillips Esq. replied 1 year ago.

can he provide my income without my consent?


Response 1: Yes, he can if he has the information because he is required by the Bankruptcy Code to provide your income information. If he does not have the information and you refuse to give it to him, then he would be unable to file for bankruptcy protection as a married person.


& we have some accounts (car, house) under both our names...i receive SSD....can he put these items in bankcupcy without my permission?



Response 2: Yes, he can because if he does not provide the information, it would be impossible for him to successfully complete his bankruptcy case. You do not lose your percentage interest on the property just because it was listed. Eventhough the items are being listed, your husband can only claim his percentage interest in the properties and not 100%. His share of the properties is the one in jeopardy and not yours.

Customer: replied 1 year ago.

at some point, would my husband need my cooperation on his bancrupcy filing? and,


would it be in my best interest to file for bancrupcy along with him, or on my own?

Expert:  Phillips Esq. replied 1 year ago.

at some point, would my husband need my cooperation on his bancrupcy filing? and,

 

 

Response 1: Yes, for the reasons stated previously in my answers.


would it be in my best interest to file for bancrupcy along with him, or on my own?


Response 2: I cannot answer this question because it amounts to giving you leagl advice, which I am prohibited from doing by the terms of service.

Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12925
Experience: B.A.; M.B.A.; J.D.
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