Legal Question in Bankruptcy in Minnesota

Re: Who gets involved when you file bankruptcy

If your husband's name is not on the debts, there is no reason he has to file along with you. You may file individually. Many married people do.

In Minnesota about the only debt that a spouse owes for the other spouse even when their name is not on the bill is medical bills. If you have medical bills for services to you, your spouse could be liable for those; then I would recommend joint bankruptcy.

Otherwise, individual is fine. Your husband can stay out of it.

Good luck.

This resonse is for general information purposes only and does not create an attorney-client relationship. You are advised to seek the advise of the attorney of your choice concerning the details of your case.

Re: Who gets involved when you file bankruptcy

Short answer -- your new husband will most likely not be involved if you filed bankruptcy.

If all of your debts are not debts incurred by your new husband then you would file a chapter 7 case in your sole name.

For your information, in Minnesota you are allowed to "exempt" certain property from the claims of creditors and this right is preserved in a bankruptcy proceeding. The easiest way to understand "exemptions" is to view the exemptions as the property a filer keeps in spite of filing for bankruptcy relief. For example, you are permitted to exempt a automobile not to exceed $2,775 in value. Exemptions relate to the equity you have in a particular item of property. In a technical sense if you owe more money than the property is worth (this happens frequently in the case of cars, computers and furniture)then there is no equity to exempt. A good lawyer will guide you through the exemptions and request them for you in your bankruptcy case. The goal should be taking advantage of the strategy that will allow you to keep all or most of your property.

An issue that sometimes comes up in terms of an individual filing versus a joint filing deals with exemptions. The exemptions are available to each individual if both you and your spouse filed. Therefore you could double the amounts you could exempt. If you have a large amount of property to exempt then your husband might need to file with you.

I would be happy to speak with you personally if you have more questions. ph. (612) 677-0161 or (800) 303-0720

Re: Who gets involved when you file bankruptcy

From your email, it sounds like you are the only one responsible for the debt. Thus, we could file you a Chapter 7 or Chapter 13 to get rid of that credit card debt. Please feel free to contact me at 651-628-9929 to discuss any further questions you have or to set up an appointment to go over your situation.

Very truly yours,

Jeff Bursell