Can one spouse file for bankruptcy and the other not affected? 26 Answers as of June 29, 2013

Can one spouse file for bankruptcy and the other not affected? or will they go after both because they are married?

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Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
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.
Answer Applies to: California
Replied: 6/20/2012
Rosenberg & Press
Rosenberg & Press | Max L. Rosenberg
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.
Answer Applies to: Connecticut
Replied: 6/15/2012
Barbara Fontaine, Esquire | Barbara Fontaine
One spouse can file for bankruptcy and the other will not be affected unless there are joint debts.
Answer Applies to: Rhode Island
Replied: 6/15/2012
Ferguson & Ferguson
Ferguson & Ferguson | Jackie Ferguson Graham
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.
Answer Applies to: Alabama
Replied: 6/15/2012
Attorney At Law | Harry D. Roth
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.
Answer Applies to: California
Replied: 6/15/2012
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    There is no requirement to file a joint case. Whether a single filing will affect your spouse is another question.
    Answer Applies to: Washington
    Replied: 6/15/2012
    Ryan Legal Services, Inc.
    Ryan Legal Services, Inc. | Kevin Ryan
    Yes. one spouse can file a solo case. you should discuss with an attorney before filing, since there may be complications which would justify your filing jointly.
    Answer Applies to: Ohio
    Replied: 6/15/2012
    Steven Alpers | Steven Alpers
    One can file but if both are on loans the lender will expect full payment by the other spouse.
    Answer Applies to: California
    Replied: 6/15/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    One spouse can file without affecting the credit of the other spouse. However, because they are married the income and assets of both parties will be considered. In this sense, one spouse can affect the other if the community has assets under the non filing spouse's name. These assets might not be protected.
    Answer Applies to: California
    Replied: 6/15/2012
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    You may file a bankruptcy without your spouse. Your marital relationship imposes no obligation on her to pay your debt.
    Answer Applies to: Michigan
    Replied: 6/15/2012
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    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.
    Answer Applies to: Indiana
    Replied: 6/15/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It depends on the facts and whether one of both of the spouses are obligated forth debts.
    Answer Applies to: Michigan
    Replied: 6/29/2013
    Norman Linder Hull, P.A. | Norman L. 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.
    Answer Applies to: Florida
    Replied: 6/15/2012
    Law Offices of Diann C. Moseley | Diann Moseley
    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.
    Answer Applies to: District of Columbia
    Replied: 6/15/2012
    Selleck Legal, PLLC
    Selleck Legal, PLLC | Stacey Selleck
    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.
    Answer Applies to: Michigan
    Replied: 6/15/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    One can file without the other. Done quite frequently, however both incomes count for the means test.
    Answer Applies to: California
    Replied: 6/15/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    One persons credit can not effect anothers regardless of marriage or other relations.
    Answer Applies to: New York
    Replied: 6/15/2012
    Law Office of Jonathan B. Eadie, PLLC
    Law Office of Jonathan B. Eadie, PLLC | Jonathan B. Eadie
    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).
    Answer Applies to: Michigan
    Replied: 6/15/2012
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    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.
    Answer Applies to: Arizona
    Replied: 6/15/2012
    Debt Relief Law Center | Roger J. Bus
    One spouse alone can file Chapter 7.
    Answer Applies to: Michigan
    Replied: 6/15/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    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.
    Answer Applies to: Florida
    Replied: 6/15/2012
    Law Office of Robert Sisson | Robert Sisson
    You can file and your spouse must be listed on your Bankruptcy as a non filing spouse.
    Answer Applies to: Wisconsin
    Replied: 6/15/2012
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    You may file separately without a spouse. However, your spouse may be affected. I suggest seeking legal advice.
    Answer Applies to: Nevada
    Replied: 6/15/2012
    Weber & Phillips, P.A.
    Weber & Phillips, P.A. | John G. Phillips
    Yes. It is possible for one spouse to file without the other and the non-filing spouse to not be impacted. The more debt that exists in both names, then the more likely the non-filing spouse?could see some issues in their credit report, but so long as any account that they are on remains current and in good standing, then they should be just fine.
    Answer Applies to: Arkansas
    Replied: 6/15/2012
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    Since debts and assets are personal in nature, one can file and the other one won't be affected. Unless, of course, the spouses have joint debts. If assets are joint, the filing spouse only has to put down half of the joint asset's value in the petition.
    Answer Applies to: Florida
    Replied: 6/15/2012
    Ashman Law Office
    Ashman Law Office | 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.
    Answer Applies to: Georgia
    Replied: 6/15/2012
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