QUESTION

Can a person file bankruptcy for a debt made before the marriage without the other spouse?

Asked on Jul 30th, 2012 on Bankruptcy - Missouri
More details to this question:
Credit card debt was made when a person was single - they are now married so can that person file bankruptcy now on that old debt without the spouse also filing bankruptcy?
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1 ANSWER

Bankruptcy Attorney serving Warwick, RI at Attorney Mark Buckley, CFP
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Yes, it is very common for just one spouse to file for Chapter 7 bankruptcy relief when the debt is their responsibility alone.  It just may be harder to qualify because the court will consider all household income, other than social security, for the trailing 6 months.  Your combined household income will then be compared to the median income figures in your state for your family size.  If your gross earnings are below the median income figure, and you have not already filed for Chapter 7 bankruptcy relief in the past 8 years, you may qualify for a Chapter 7 bankruptcy filing.
Answered on Aug 09th, 2012 at 1:06 PM

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