Legal Question in Bankruptcy in Indiana

My wife and I are considering legal separation in Indiana. If we do separate, there is no way I would be able to successfully move forward due to a large amount of medical bills and credit debt in my name. Will I be able to file Chapter 7 alone?


Asked on 8/30/09, 1:13 pm

1 Answer from Attorneys
E. Brian Davis Davis Law Office

Assuming you qualify to file Chapter 7 now, you should be able to file Chapter 7 after you separate.

Even before separation, you can file a Chapter 7 bankruptcy that your spouse does not join in. You must met all the "normal" requirements for filing Chapter 7 -- no Chapter 7 filed within which you received a discharge in the last 8 years, pass the means test, etc.

The best thing to do is to get a free consultation from an experienced consumer bankruptcy lawyer. To find one near you, use the attorney locator feature at www.nacba.org (the website of the National Association of Consumer Bankruptcy Attorneys). You can also find some information at my website: www.MyFederalLawyer.com

Read more
Answered on 8/30/09, 5:38 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in Indiana