Bankruptcy-can one spouse file instead of both?
Question Details: My wife took out several credit cards last year, some in my name, without my knowledge. Now we are in debt to the tune of $40k or so. She did it we could make house payment, etc., as we both missed work due to various health issues. I am self employed, and my business made substantially less last year than the year before, and this year may be even less. Can my wife file bankruptcy as opposed to both of us, or do we both have to file?
Bankruptcy Law Answers
If you have no joint accounts or joint assets, then your wife's bankruptcy will not affect you at all. However, unless you are living apart and are legally separated, in a situation where only one spouse files, the income and expenses of the non-filing spouse is required so that the court, the trustee and creditors can evaluate the household's income. This, however, in no way obligates you, either legally or financially. Obviously, to the extent you have joint accounts, you will be affected. The same holds true for any joint assets not exempted by law.
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