What to do if you are married but filing individually?
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What to do if you are married but filing individually?
I am newly married, and my wife and I do not share any debt together. I was going to use a particular law firm to file Chapter 7; it was determined by them I did not qualify for Chapter 13. I told them I was newly married. They stated that they needed my wife’s information, otherwise they could not guarantee that my case would be discharged. My wife is absolutely against giving her information considering she had filed a bankruptcy before and she has worked hard to restore her good credit name. Would I be able to file a bankruptcy without her information?
Asked on April 11, 2013 under Bankruptcy Law, Georgia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Under federal bankruptcy laws you are entitled to file for bankruptcy protection regardless of information with respect to your spouse. Your filing would only discharge possibly your individual debt and not that of your spouse. I suggest you consult with your spouse and an experienced bankruptcy attorney as to your plan of action.
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