I Need to File Bankruptcy But My Spouse Does Not

It is not unheard of for one spouse to have debt problems that don’t directly effect the other spouse. Perhaps you entered your marriage with substantial credit card debt for which your spouse is not responsible? Or you may have separate business related debt. Whatever the reason, if your spouse is not legally responsible for your debt, there is not reason why you cannot individually seek relief under the Bankruptcy Code.

Can I File Bankruptcy Without My Spouse?

While your spouse is not required to file with you, unless you are separated, your attorney will need your spouses income and expense information in order to complete the Means Test and Schedules I and J. These documents serve to disclose your household income and expenses initially to determine if you qualify for Chapter 7 and then to show the court your disposable income.

If you are contemplating filing bankruptcy without your spouse, it is important to ensure that your spouse remains able to pay any debts for which you are jointly responsible as your discharge will not impact your spouse’s continuing obligation. Likewise, it is important to check how your property is titled before you individually file. If you have questions about your debt, call our experienced bankruptcy attorney today. We are here to help!

(We are a debt relief agency, we help people file for bankruptcy relief under the Bankruptcy Code.)