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Barrister
Barrister, Attorney
Category: Bankruptcy Law
Satisfied Customers: 33757
Experience:  15 years practicing law. Landlord 26 years
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I want to file bankruptcy alone without my spouse. Every

Customer Question

I want to file bankruptcy alone without my spouse. Every single debt we have is in my name only. I don't want to involve him in my bankruptcy and he refuses to be involved. We live in Texas... what can I do to still file and him be protected
Submitted: 1 month ago.
Category: Bankruptcy Law
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney whowill try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Were the debts incurred during the marriage or before?

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thanks

Barrister

Customer: replied 1 month ago.
During the marriage. However We keep everything separate ... all our money. We have zero bills together. I still go by my previous last name. Even taxes are not done together. Please tell me I can still file without him being affected
Customer: replied 1 month ago.
Is this $29/ question??
Expert:  Barrister replied 1 month ago.

Ok, I hate to say it, but since TX is a community property state, both spouses are liable for any debts incurred during the marriage, just like they both own any assets acquired..

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So you filing BK would relieve you from any further liability, but it would put him on the hook for everything and the creditors could then come after him and his only recourse would be to also file BK or pay the debts, which would kind of defeat the purpose of you filing BK to discharge the debts because he would be using marital assets to pay..

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And I don't know how JustAnswer bills customers. I can send the question over to their customer service department if you have billing questions..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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