If I am married, can I file for bankruptcy as an individual in Illinois and what if I’m separated?

Yes, you can file separately from your husband when you are married. Depending on the state you live in, the consequence to your husband can vary. You need to speak with someone familiar with Illinois laws to determine that.

Although you may file bankruptcy without your spouse, you cannot pick & chose what debts you want to include in your bankruptcy. The federal law requires you to list all of your debts and all of your assets, and to omit anything could subject you to criminal penalties. Since you are not a criminal, please don't become one inadvertently by trying to file bankruptcy without being represented by an experienced bankruptcy attorney.

Any individual whether single, separated or married can file bankruptcy in any state in the USA. If a person is married and wants to file bankruptcy without their spouse you have to be sure there are no debts the husband and wife are jointly liable for. If there are joint debts, the bankruptcy trustee can and will go after all jointly held assets to satisfy the joint debts. It is always safest for married persons to file a joint bankruptcy.

You do not have to file with your spouse, but your spouse's income will be taken into consideration to determine if you are eligible for chapter 7 bankruptcy.