Can I File Bankruptcy Without My Spouse Filing Bankruptcy?

Posted on Friday, September 17th, 2010  

Yes, one spouse can file for bankruptcy protection without bringing the other spouse into the bankruptcy action.
However, an additional question that should be considered is “Should I file bankruptcy without my spouse filing?”  In answering this question, there are some issues you should consider before moving forward, including, the fact that:

  • Both spouses’ incomes are included in the required means test, and
  • The non-filing spouse could still be liable to creditors for any joint debts.

Everyone’s situation is unique and should be treated as such.  Because of this, unfortunately, there is no “one-size-fits-all” answer to filing bankruptcy.
Just because it is possible to do something doesn’t mean that it is a good idea to do it.  Consulting with a bankruptcy attorney can provide guidance on what avenue is best for your particular situation.

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