Legal Question in Bankruptcy in Washington

Joint or Individual Bankruptcy?

I was married in July, am now getting a divorce. I have to go bankrupt. My soon to be ex-wife has debts in her own name (from before our marriage). I have debts in my own name, there no joint debts. Can I go bankrupt individually without including her or her debts?


Asked on 12/21/02, 2:20 pm

1 Answer from Attorneys
Marc Stern Marc S. Stern

Re: Joint or Individual Bankruptcy?

If you have no liability on the debt, there is no obligation to include it. However, better practice would be to include everyone who might think that they have a claim against you. It makes a later defense unnecessary.

There is no requirement for joint filings. Personally, I do not believe in them in most cases. Like everything in the law, there are exceptions.

A thorough analysis of the situation by an attorney experienced in bankruptcy is necessary before making any decisions.

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Answered on 12/21/02, 3:51 pm


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