Bankruptcy Law
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Answered in 6 hours by:
8/9/2019
JKEsq, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6,338
Experience: Managing law firm partner
VerifiedHello I will be the attorney assisting you today. Please note this site is for general information for educational purposes only and does not constitute legal advice, nor does it establish an attorney-client relationship. You may receive an offer from the site for a phone call that I have no control over being offered to you. This is an optional paid service and another expert would call you when available as I do not participate in calls as an actively practicing attorney.
You have to give the bankruptcy court tax returns are part of the filing. They are really just to see your prior income in past years (you didnt make $500k last year and spent it all, and if so on what assets that the trustee can go after) and not much else in bankruptcy.
Every person who files for bankruptcy must have their financial situation evaluated by the “means test” and disclose all sources of income. Anyone who files for bankruptcy, no matter what their marital status, has the right to file individually.
A person is well within their legal rights to file for bankruptcy protection with or without their spouse whether legally separated or not. Even though your debts may be discharged through your personal bankruptcy filing, if your spouse has co-signed on any loans or credit cards, creditors can still seek out your spouse to satisfy the debt.
There are no laws that state that a married couple must file for bankruptcy together. Each party can act alone and ask for the court’s assistance. But since separation may through a small rub into the process, you may want to get a local bankruptcy lawyer to help you finish the case properly.
Please let me know if you have any questions about my reply or in general. I'll be glad to answer them.
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Your lawyer should tell you.
Mark, Attorney
Category: Bankruptcy Law
Satisfied Customers: 956
Experience: 14 years, real estate, tax, bankruptcy, debt resolution, and criminal law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).
