If one spouse file for bankruptcy and the other spouse does not file for bankruptcy, there is no impact to the nonfiling spouse's credit report. People are always asking me about the impact of one person's bankruptcy on their spouses credit history report. Simply because you may have some bills, checking accounts or other types of financial interests that are joint, that does not mean that you share the same credit history. You may have some of the same account on both your credit history report, but this does not mean you share the same credit history. So feel free to file bankruptcy, it will not affect your spouse if they do not file for bankruptcy. This applies to chapter 7 bankruptcy, chapter 13 bankruptcy and all other forms of the US bankruptcy code.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
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Answered on May 19th, 2014 at 11:31 AM