Question
Do I need a legal separation to file for bankruptcy?
I am bogged down by my student loans and very high credit card debt. Can I file for bankruptcy separate from my husband? We do not mix our money. He is in a better financial situation than I am and has assets including property. Do I need to be separated from him in order to file for personal bankruptcy on my own?LawQA.com Answer Library
Answered By: David Nelson
If you are planning to separate from him and/or get a divorce for reasons other than bankruptcy, then great go ahead and do it. If you are planning to separate from him in order to file a bankruptcy that will effectively defraud your creditors, then it is a bad idea.
Answer Applies to: California
Replied: 8/13/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/13/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Halpern Law Offices
No, you do not have to be separated from your husband to file for personal bankruptcy. If you would you would like more detail please call us.
Answer Applies to: California
Replied: 8/12/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/12/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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