Can't Add Your Spouse to Your Individual Bankruptcy Case Later

Your spouse does not have to file bankruptcy with you in Kansas, but make sure you don’t want to file a joint case, because you can’t add your spouse to the case later.

Judge Dale L. Somers denied an attempt by a debtor to add her spouse two months after she filed her case by amending her petition filed with the Court. In Re Cheryl R. Daly, 07-22628-13, (Bankr. D.Kan. 01-28-2007).

It would be possible for the nonfiling spouse to file his own case and then consolidate the two cases for administration.

About Jill Michaux

Jill Michaux is a Kansas bankruptcy attorney with Neis Michaux Law Office. She and her partner, Mark Neis, are Topeka's only consumer bankruptcy law specialists. They are board certified by the American Board of Certification.

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