Legal Question in Bankruptcy in Indiana
Married filing bankruptcy
In the state of Indiana can a person who is married or seperated file for bankrupcty without the spouses knowledge or consent? What can the unknowing party do if anything if they believe this has occurred?
1 Answer from Attorneys
Re: Married filing bankruptcy
In Indiana, one spouse can file for bankruptcy protection by himself or herself, without permission by the other spouse.
If the other spouse is listed as a "creditor," then notice would be required. Otherwise, it would not be required.
The problem that arises here is that the spouse that hasn't filed will soon be hounded by the creditors for any joint debts with the spouse who filed.
What usually ends up happening is that the second spouse also ends up seeking bankruptcy protection.
I hope this helps answer you questions.
Let us know if you have others.
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