married can i file by myself?

[joefromky]

Im still married but in the process of divorce, can I file for chapter 7 alone? even with some joint creditors?

[HHM]

Yes you can.

However, its generally easier and cleaner to file bankruptcy AFTER the divorce is final. The reason being is that the BK court views the assets of the non-filing spouse as part of the bankruptcy estate, thus, if you don't have your spouses cooperation, your BK can be very difficult.

But yes, you can file and include joint debts. However, doing so can make the divorce more contentous. If you have the time, (i.e. before October 17, 2005), try to finalize the Divroce before filing BK.

[joefromky]

I should have filed awhile back. But i was recently served a civil summons from a collection agency. (It was for a central air unit installed in our house which was sold in forclosure) Now im being sued for the central air unit and have less then 20 days to respond.



I started the divorce december of last year and its still a work in progress.