If I became disabled and filed for disability, can I still file for bankruptcy?

I do not have any income. I am waiting for a decision from Social Security concerning my disability. I cannot pay my bills. Also, can I file bankruptcy just on myself without involving my husband?

Asked on June 16, 2014 under Bankruptcy Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) Yes, a disabled person can file bankruptcy: the one has nothing to do with the other.

2) You can file bankruptcy just for yourself, but that means that if you have joint debts, such as many expenses incurred during marriage, if for the benefit of you both (some credit card bills; often auto financing; a mortgage; etc.), the creditors can still go after you husband's assets--his share of marital or joint assets, as well as any assets (or income) purely his own.

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