QUESTION
Can one spouse file bankruptcy without the other?
Asked on Sep 27th, 2016 on Bankruptcy - Oregon
More details to this question:
I would like to know what is involved in filing bankruptcy without my spouse. I have lots of bills and credit cards in my name only that I would like to have discharged. Is it even possible?
11 ANSWERS
1 Award
In most cases one spouse can file without the other spouse. There are exceptions related to medical bills or bills insured while living in another state.
Answered on Oct 26th, 2016 at 7:26 PM
Bankruptcy Attorney serving Cleveland, OH
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Benson Law Firm
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You can file for bankruptcy alone and the only thing your spouse would have to do is provide six months of pay stubs or other evidence of income. The reason is that, although a non filing spouse has no involvement in the case, the entire household income is taken into account in determining under what chapter the case would have to be filed.
Answered on Oct 17th, 2016 at 5:43 PM
Being married does not prevent someone from filing a bankruptcy without their special someone, but as with most legal matters, there can be some important repercussions you would need to understand before you jump off the cliff into bankruptcy. The way you understand property rights or the legal obligation to pay debts may not be in line with how the law operates.
Answered on Oct 17th, 2016 at 6:26 AM
2 Awards
Yes, one spouse may file bankruptcy without the other. The one spouse's bankruptcy filing will cause the other spouses assets to be pulled in to the bankruptcy. This may or may not cause an issue and I highly recommend that you consult with a bankruptcy attorney before filing.
Answered on Oct 17th, 2016 at 6:26 AM
You may file separately. In terms of the income calculations the spouse's income is counted which may make it more difficult to pass the Means Test.
Answered on Oct 17th, 2016 at 6:25 AM
Yes, that happens all the time and can be done.
Answered on Oct 17th, 2016 at 6:25 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Certainly, one spouse can file bankruptcy without the other.
Answered on Oct 17th, 2016 at 6:24 AM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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Yes, but it is much more complicated.
Answered on Oct 17th, 2016 at 6:24 AM
Yes, it is possible to file without your spouse, but there are many caveats, especially if you live in a community property state, or if your state has a family expense statute which might apply to some of your credit card debt. You would be wise to consult with an experienced bankruptcy attorney first, to avoid any undesirable impact on your spouse.
Answered on Oct 13th, 2016 at 6:25 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It is entirely possible for one spouse to file and the other not to file. But if you live in a marital or community property state like Wisconsin, then your spouse is responsible for debt incurred since the date of the marriage. Consequently, while there are some few reasons for one spouse to file and the other to stay out of the case, generally speaking it serves both spouses best to file jointly.
Answered on Oct 13th, 2016 at 6:25 PM