Legal Question in Bankruptcy in California

Can I file bankruptcy if I am only legally separated from my husband in the state of California?


Asked on 1/30/11, 11:07 am

1 Answer from Attorneys

Asaph Abrams Law Office of Asaph Abrams

You can file by yourself whether you're married, separated or legally separated. However, in order to utilize the often preferred 703 exemption scheme, you'll need your husband to sign a waiver. Be sure to discuss that with your local counsel.

Belabored cocktail-party-conversation-as-legal-advice-clich� disclaimer: this answer (as well as our Web site) doesn�t address all facts & implications of the question; it�s not legal advice to be relied upon; it creates no attorney-client relationship; rather it is personal opinion w/general info on CA law; it�s drafted prior to posting of other answers & doesn�t reflect upon the latter. Seek legal counsel before acting or refraining from bankruptcy/legal action; it�s worth the cost. Okay, I�m done.

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Answered on 2/08/11, 2:28 pm


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