Legal Question in Bankruptcy in California
Bankruptcy
My husband filed a chapter 7 without my permission. I never signed the papers, nor was i aware of it till after the fact.
3 Answers from Attorneys
Re: Bankruptcy
He doesn't necessarily need your permission, if he filed individually and not jointly with you. If he filed jointly with you, and forged your signature, contact the United States Trustee's office (www.doj.gov/ust) to let them know what happened.
*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Re: Bankruptcy
If he forged your name, you could bring this to the attention of the U.S. Trustee (which could result in his being criminally prosecuted). Otherwise he doesn't need your permission, or you his.
Re: Bankruptcy
Your husbands does not need your permission to file his own bankruptcy. If he filed a bankruptcy on behalf of both of you and you did not agree, you should contact the office of the United States Trustee and alert them to this fact.