IfI file Chapter 13 bankruptcy andI am married, do both of us have to file or can just one person?

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IfI file Chapter 13 bankruptcy andI am married, do both of us have to file or can just one person?

We are separated right now and most likely getting a divorce.

Asked on August 13, 2011 Florida

Answers:

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

Answered 9 years ago | Contributor

In some cases where only one spouse has debts, or one spouse has debts that are not dischargeable, it might be advisable to have only one spouse file. You must however be careful about filing separately if, as a couple, you own joint debt and property. Additionally, 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 your spouse, either legally or financially).

Since this can get a bit complicated, it's time to consult directly with a bankruptcy attorney in your area.


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