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?

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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?

Asked on February 28, 2012 under Bankruptcy Law, Kentucky

Answers:

Debbie Bowman / Bowman Law Office, PSC

Answered 9 years ago | Contributor

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.


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