Madisonville, KY asked in Bankruptcy for Kentucky

Q: Can a spouse file bankruptcy without the other spouse's consent or knowledge?

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2 Lawyer Answers
Justin Lee Lawrence
Justin Lee Lawrence
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Fort Mitchell, KY
  • Licensed in Kentucky

A: If I understand your question to be: Can one spouse file a bankruptcy only for him- or her-self without the other spouse filing or knowing about it, then the answer is yes. Even when married, only one spouse needs to file. The other spouse is not part of the bankruptcy and the other spouse's credit is not affected. Some information about the spouse gets reported to the bankruptcy court, but generally only name and income information. The filing spouse gets a discharge on debts, but the non-filing spouse does not. Therefore, any co-signor debts between the two spouses will still be around, but will only be the obligation of the non-filing spouse to pay.

I have included a link with a little more information about <a href="http://www.lawrencelaws.com/will-filing-for-bankruptcy-in-northern-kentucky-affect-your-spouses-credit/">what happens when one spouse files bankruptcy but the other does not.</a>

Justin Lee Lawrence
Justin Lee Lawrence
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Fort Mitchell, KY
  • Licensed in Kentucky

A: At least, I tried to. Apparently this site does not accept html code. Here is the link:

http://www.lawrencelaws.com/will-filing-for-bankruptcy-in-northern-kentucky-affect-your-spouses-credit/

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