Legal Question in Bankruptcy in Wisconsin

Is It Legal for One Spouse to File Bankruptcy Without Permission of the Other?

Unfortunately for you, it is legal for a single spouse to file bankruptcy, even if a divorce is pending, without the other spouse�s permission. This creates the worst of all possible worlds for the non-filing spouse in a community property state like Wisconsin. This is because all marital property of the non-filing spouse immediately becomes subject to seizure by the bankruptcy trustee to satisfy the marital debts. Under current law, the non-filing spouse has no right to claim any exemptions against such seizures, meaning that the trustee can even take things which are necessities of life, and which you would have been able to keep had you participated in a joint bankruptcy filing. If you are in this situation, you should immediately consult with a qualified bankruptcy lawyer who is an expert in marital property law. You might be able to head of some of the disastrous effects of your spouse�s unilateral filing by filing your own separate bankruptcy within 90 days.