QUESTION
Can one spouse file for bankruptcy and the other not affected?
Asked on Jun 07th, 2012 on Bankruptcy - Georgia
More details to this question:
Can one spouse file for bankruptcy and the other not affected? or will they go after both because they are married?
20 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It depends on the facts and whether one of both of the spouses are obligated forth debts.
Answered on Jun 29th, 2013 at 2:03 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Either spouse can file their own petition. Community property can be liquidated if there is non-exempt equity in it. Also, if the non-filer is a co-signer they can be pursued. Contact an attorney as to the specific facts of your case.
Answered on Jun 20th, 2012 at 9:16 PM
One spouse can file bankruptcy without the other spouse. So long as the debts are not joint, they will not go after the nonfiling spouse. Good luck and hire an experienced bankruptcy attorney.
Answered on Jun 15th, 2012 at 5:24 PM
Information provided doesn't create an attorney/client privilege nor constitute an offer of services and is only general responses to hypotheticals
Domestic Relations Attorney serving Huntsville, AL
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Ferguson & Ferguson
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One spouse can file bankruptcy on his or her individual debt. But if the debt is joint then the other spouse will certainly be affected.
Answered on Jun 15th, 2012 at 5:22 PM
Barbara A. Fontaine
One spouse can file for bankruptcy and the other will not be affected unless there are joint debts.
Answered on Jun 15th, 2012 at 5:20 PM
If you are in a boat and the other end of the boat springs a leak, will that affect you and your end of the boat? What one spouse does will impact the other. See a bankruptcy lawyer for advice.
Answered on Jun 15th, 2012 at 5:02 PM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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There is no requirement to file a joint case. Whether a single filing will affect your spouse is another question.
Answered on Jun 15th, 2012 at 4:59 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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One can file but if both are on loans the lender will expect full payment by the other spouse.
Answered on Jun 15th, 2012 at 4:25 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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You may file a bankruptcy without your spouse. Your marital relationship imposes no obligation on her to pay your debt.
Answered on Jun 15th, 2012 at 3:35 PM
Bankruptcy does not affect another spouse's credit. Things that may be affected are, in some cases, jointly owned assets that are non-exempt from the bankruptcy.
Answered on Jun 15th, 2012 at 2:57 PM
Norman Linder Hull
One spouse can file without the joinder of the other. Consult with a bankruptcy attorney, as there are ramifications outside the parameters of your question.
Answered on Jun 15th, 2012 at 2:52 PM
Bankruptcy Attorney serving Washington, DC
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Law Offices of Diann C. Moseley
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If you mean will the non-filing spouse's credit report state that she filed bankruptcy, the answer is that the credit report will not state that she filed bankruptcy.? However, if you have joint debts, e.g., joint credit card, the debt may be listed as included in bankruptcy on her credit report.? Further, as to joint debts which are dischargeable, your obligation to pay the debts will cease upon the filing of your bankruptcy. However, your non-filing spouse will continue to be obligated.
Answered on Jun 15th, 2012 at 2:45 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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This is a very difficult question. It depends on several factors. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Answered on Jun 15th, 2012 at 2:43 PM
You can file bankruptcy as married but filing as an individual. Therefore, the only information that is needed from your spouse is the income amount to calculate the household income. The spouse's name will appear no where on the bankruptcy nor will it affect his or her credit. However, you will only be able to discharge debts that are in your name. If you have a joint debt in both of your names your spouse will still be liable for that debt.
Answered on Jun 15th, 2012 at 2:41 PM
One spouse alone can file Chapter 7.
Answered on Jun 15th, 2012 at 2:32 PM
Business Law Attorney serving Farmington Hills, MI
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Law Office of Jonathan B. Eadie, PLLC
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A married person may file individually or jointly with their spouse. If you file individually it will only discharge debts as to you and further there may be issues regarding jointly titled assets (if there are any).
Answered on Jun 15th, 2012 at 2:03 PM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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You can file and your spouse must be listed on your Bankruptcy as a non filing spouse.
Answered on Jun 15th, 2012 at 1:44 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Both spouses should file a joint petition with the bankruptcy court. Why would one spouse not want to get out of the debt? The spouse who did not join in the bankruptcy could be gone after.
Answered on Jun 15th, 2012 at 1:28 PM
2 Awards
You may file separately without a spouse. However, your spouse may be affected. I suggest seeking legal advice.
Answered on Jun 15th, 2012 at 1:17 PM
Glen Edward Ashman
That depends on the state you live in and whether there are any joint debts. Your attorney can tell you if your spouse will be affected or unaffected in a particular case.
Answered on Jun 15th, 2012 at 9:59 AM