Tag Archives: spouse

bankruptcy without spouse

Can I file bankruptcy without my spouse?

Bankruptcy without spouse: a Quora user asks: If my fiance and I decide to get married, can I file for bankruptcy without my spouse, or are both of our names on the bankruptcy petition? No assets.

Victor Fong, Licensed Insolvency Trustee in Toronto, Canada replies:

Caveat: I am a bankruptcy trustee in Canada, so I am unfamiliar with the U.S. Bankruptcy Code (I assume you reside in the U.S.). So I am going to provide an answer if your situation was in Canada.

The answer is “no”, you can just file bankruptcy on your own. However, to the extent that your debts are joint with your fiancé, the creditors which are owed these joint debts will be able to go after him to recover what they are owed.

 

bankruptcy before or after marriage

Should I file for bankruptcy before or after marriage?

Alexis Royal asks on Quora: Should I file for bankruptcy before or after marriage?

Victor Fong, Licensed Insolvency Trustee in Toronto, Canada replies:

Caveat: I am a Licensed Insolvency Trustee in Canada, so I am unfamiliar with the U.S. Bankruptcy Code (I assume you reside in the U.S.). So I am going to provide an answer if your situation was in Canada.

I would advise you to file and compete your bankruptcy proceedings before you are married. During the time that you are in bankruptcy, you are required to disclose to your bankruptcy trustee the income in your entire household (both you and your husband if you’re living together). The trustee requires this household income information in order to calculate how much of your debts you will need to repay during your bankruptcy.