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Bankruptcy Law/spousal waiver


If a Chapter 7 is filed while you are separated but you don't submit a spousal waiver, can you file one after the petition has been filed?

Hello Melanie:  Are you sure you have your terminology right when you say "spousal waiver"?   That phrase comes up all of the time in divorce cases, but in bankruptcy, not so much.   Are you under the impression that a husband or a wife cannot file for bankruptcy by themselves unless they get a waiver from their spouse before they file?    If so, then that is a mistaken assumption.   If a couple is married, either one or both can file for bankruptcy protection, irrespective of whether the other spouse agrees or not.    

I am not entirely sure if I am understanding your question so I am having to guess at what you might be asking.   Perhaps I misunderstood your question.      

This would probably be easier talking about on the phone anyway.   You can call me anytime you wish at this number and I will not charge you just to talk on the phone - and can answer any questions you might have about this.    I look forward to hearing from you.

Jack Hall,   J.D.
Bankruptcy Services
915  261-3893

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Can answer questions about bankruptcy, lawsuits or judgments that have been filed against you. Also can answer questions about tax issues, property that is facing foreclosure, repossession of vehicles, and wage garnishments. 915 261-3893


Over 30 years experience assisting consumers with lawsuits and bankruptcy matters since graduating from law school.

Numerous published appellate court opinions; Law review publications; Article on consumer bankruptcy in Black Enterprise magazine; was requested to author a book on consumer bankruptcy by Doubleday Publishers

Over twenty years of education including law degree (J.D.); masters and bachelors degrees in political science; author of magazine articles related to consumer bankruptcy; hundreds of hours of continuing education legal education and seminars

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Have had well over a thousand bankruptcy clients during the past 30 years and have had many clients in civil lawsuits during the same time period

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