I’m Filing, My Spouse Isn’t — What Happens?

26 Oct I’m Filing, My Spouse Isn’t — What Happens?

Usually, if a bankruptcy is necessary for one spouse, both spouses will file. Sometimes only one does — does it matter? What happens?This begins a 10-part series on some of the issues when only one spouse files. Issues to be covered include:

  • Must the non-filing spouse’s information be disclosed?
  • What if my spouse’s assets are separate — must they be disclosed?
  • We have a premarital agreement — what does that mean?
  • We have a postmarital agreement — does it change anything?
  • What about my spouse’s privacy?
  • My spouse does not want to cooperate! What do I do now?
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Jay S. Fleischman is a bankruptcy lawyer with offices in Los Angeles and New York. He can often be found on Google+ and Twitter, where he shares information about consumer protection issues and personal finance.

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