Deciding to file bankruptcy is a complicated decision, especially if one partner is ready to move forward and the other isn’t. To learn more about the process that happens if one spouse files for bankruptcy without their spouse, talk with a Texas bankruptcy attorney to learn your next steps.
While it’s possible for one spouse to file bankruptcy without the other, it can still affect both parties. If this is something you are considering, contact my firm. I have been working in bankruptcy law since 2009 and have handled many bankruptcy cases over the course of my career. I can help you find the right relief plan and get started on your journey to success in filing for bankruptcy.
If you file for bankruptcy, that claim will not appear on your spouse’s credit, but it will appear on yours. While it is true that you can file for bankruptcy without your spouse and it may not immediately affect their credit, your spouse may still be affected by that decision. For instance, it’s possible that you may lose your property, such as your house, when filing for bankruptcy. This will also affect your spouse’s life since you have lost the house you both live in. Speaking with an attorney about bankruptcy exemptions can help protect your home and other assets.
Your first conversation regarding filing bankruptcy may be about whether to include your spouse in the filing. Regardless of which you choose, you must then decide to file for Chapter 7 or Chapter 13. Each chapter has its own advantages and disadvantages, which we will discuss later.
Once you decide which filing is right for your situation, you need to get your paperwork together. You will need:
Generally, you may also need to take a course about debt and bring the certificate of completion. These will be presented to the court to help determine whether you qualify for bankruptcy.
You will also need:
These are called your assets, and they all have value. The values will be used when the court determines how to pay back your debt. Some of these may be in your spouse’s name, and some may be only in your name. You can’t hide assets during bankruptcy, but the right attorney can help you determine what your assets are if you are filing without a spouse.
When you hire an attorney, you are making sure you get the required paperwork to file for bankruptcy. Missing or fraudulent paperwork could result in your case being dismissed.
Deciding to file for Chapter 7 or Chapter 13 may not be an easy decision. Both have advantages and disadvantages, and both have different qualifications. To determine which is right for you, consider the following about each:
A: Yes, you can. You will need proof of your spouse’s income and your own if you filed your taxes together. A list of documents you will need has been provided in the article. If you are still living with your spouse, the court may ask you for some of your spouse’s information. If you are separated, you may not need it.
Q: Can You Be Denied Bankruptcy in Texas?
A: Yes, if the court decides you are not being truthful about your assets. If you have had a bankruptcy case dismissed in the last 180 days, they may also dismiss your case. It’s important to be honest about your assets. If the court believes you are committing some sort of fraud, they may not allow you to file for bankruptcy.
A: Yes. You can either file separately or jointly, just like you would if you were married. More than likely, you would file separately from your spouse in this scenario. You would need to bring all of the listed information above to the court. Once you do that, you may be able to file for bankruptcy separately.
A: To file as a married couple, you file a joint petition for bankruptcy. You will have to present joint assets, such as your car, your house, your incomes, and your debts. You also need the information listed above: your bank statements, your proofs of income, etc. It is ideal to get the help of an attorney in any case.
Filing for bankruptcy can be difficult without the help of an attorney. Important documents could be missed, or you could end up picking the wrong bankruptcy plan. We are here to help you. Contact us today to get started with your consultation.
