Can I file for bankruptcy for myself if I am married and living apart from my husband?
Separated from husband. We each pay rent at separate locations. We share no assets. If I file chapter 7 can they take my car that is paid off or do I need to file chapter 11 instead?
I would add Mr. Adkins's good response that you can keep your car if it is worth $15,000 or less, assuming you have lived in the Colorado for at least 2 years.
Mr. Landy is admitted to practice in the State of Colorado. All responses are of a general nature, and are according to Colorado law.
You can definitely file bankruptcy without your spouse. Chapter 7 or 13 are the two possible chapters you are likely to file. Chapter 11 is for businesses, or individuals with too much debt to qualify for Chapter 13. Any joint debts will be the sole responsibility of your husband once you receive a discharge. You should get 2-3 free consultations from experienced bankruptcy attorneys. Be sure the lawyer mostly handles bankruptcy cases. Use the “Find a Lawyer” tab here on AVVO to locate experienced bankruptcy lawyers in your area.
Please note this is to be considered general advice and not legal advice about any particular situation. The answering of any question does not...
