Can one spouse file bankruptcy without the other? 14 Answers as of October 26, 2016

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?

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OlsenDaines | Rex Daines
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.
Answer Applies to: Oregon
Replied: 10/26/2016
Benson Law Firm
Benson Law Firm | David Benson
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.
Answer Applies to: Ohio
Replied: 10/17/2016
Ronald K. Nims LLC | Ronald K. Nims
Certainly, one spouse can file bankruptcy without the other.
Answer Applies to: Ohio
Replied: 10/17/2016
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
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.
Answer Applies to: Nevada
Replied: 10/17/2016
A Fresh Start
A Fresh Start | Dorothy G Bunce
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.
Answer Applies to: Nevada
Replied: 10/17/2016
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Yes.
    Answer Applies to: Colorado
    Replied: 10/17/2016
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    It is, however his income must be included in determining your eligibility to file for ch7. If your combined income is too much (based on a formula that involves many factors), you would have to file for Ch13. Ch13 is a repayment plan. The amount of the payment is based on the formula. Even if the formula requires a 100% payment to your creditors your till benefit because the credit card interest stops accruing, There is a Trustee fee but that is much less than the credit card interest.
    Answer Applies to: California
    Replied: 10/17/2016
    Patrick W. Currin, Attorney at Law | Patrick Currin
    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.
    Answer Applies to: California
    Replied: 10/17/2016
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    Yes, that happens all the time and can be done.
    Answer Applies to: New York
    Replied: 10/17/2016
    Stephens Gourley & Bywater | David A. Stephens
    Yes. It is unusual, but it can be done.
    Answer Applies to: Nevada
    Replied: 10/17/2016
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    Yes, but it is much more complicated.
    Answer Applies to: Washington
    Replied: 10/17/2016
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    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.
    Answer Applies to: Wisconsin
    Replied: 10/13/2016
    Garner Law Office
    Garner Law Office | Daniel Garner
    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.
    Answer Applies to: Oregon
    Replied: 10/13/2016
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Yes, one can file without the other.
    Answer Applies to: Alabama
    Replied: 10/13/2016
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