Can I file for bankruptcy as an individual if I am married?

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Can I file for bankruptcy as an individual if I am married?

My husband does not need to file for bankruptcy.

Asked on January 3, 2012 under Bankruptcy Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can be married and file for bankruptcy separately. If fact, if you have separate bank accounts and other assets than your filing should not affect your husband in anyway. However, if you have joint accounts or assets (that are not exempted by law), then your bankruptcy will affect your spouse.  So you need to be aware of that.

Further, unless you are legally separated and living apart, your hudband's income and expenses are required to be disclosed so that the court, the trustee and creditors can evaluate your household's income (although this in no way obligates your spouse either legally or financially). 


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