Can I file for chapter 7 without affecting my husband if all my debt is under my name and we have nothing under both of our names?
Question Details:
There are several requirements to file under a chapter 7, primarily among them is your level of income. If you qualify for a chapter 7, you may have a non-filing spouse. The non-filing spouse will not be affected, i.e., no one will call his employer and it will not be on his credit report, which are generally the two things that a non-filing spouse is concerned about. The courts do consider a non-filing spouse's income in the determination as to whether you qualify to file under a chapter 7. It is best to consult an attorney to get the answer to your question based on your specific situation. I do not charge for the initial consultation, so it will not cost you anything to get the answers to your specific questions.