Can Only One Spouse File?
When One Spouse Files Bankruptcy
When one spouse has accumulated significant debt in his or her name only, that individual may file bankruptcy without the other spouse being forced to file as well. While this option has many advantages, it also has some disadvantages. It pays to carefully consider the pros and cons before making a final decision. An experienced attorney can help you determine if this is the right path for you.
At Resnik Hayes Moradi LLP , our lawyers will meet with you to discuss your unique financial situation. Our firm has helped thousands of clients in Southern California achieve reasonable solutions to debt problems. We recognize everyone’s circumstances are different and will help you determine the best route for you.
Your Spouse’s Income
If you file for bankruptcy but your spouse does not, your spouse will still need to provide information about his or her salary and assets. The bankruptcy court will use this information to decide whether you qualify for Chapter 7 or Chapter 13 bankruptcy. If you do not pass the means test for Chapter 7, your spouse’s income will be considered when a repayment plan is developed for Chapter 13.
Your Spouse’s Credit Report
If you file for bankruptcy, your spouse’s credit may be impacted if you own any joint property. While credit reporting businesses are not supposed to penalize your spouse, it does happen. One more thing to keep in mind is that your credit could affect a loan or credit card application if you jointly apply with your spouse in the future.
Serving Los Angeles, Sherman Oaks and Other Southern California Communities
When considering whether to file individual bankruptcy, it is important to consider various questions. Is most of your property owned jointly? Are you ready to file bankruptcy but your spouse is opposed to filing? Our bankruptcy attorneys will help you make strategic decisions to get real debt relief.
Call (213) 344-0043, or contact us online to schedule a free consultation with our bankruptcy professionals. We maintain offices in Los Angeles and Sherman Oaks. For your convenience, we offer payment plans.
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We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
Without the support of pro bono attorneys we couldn't do all the work we need to do, and your firm in particular is outstanding.- Skip K.
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He not only saved my house but also got rid of all my debt. They are not your typical attorneys and their creativity really allowed me to do things that other attorneys never mentioned in previous consults.- David K.
He negotiated on my behalf with a credit card company and was able to settle with them for much lower than I could have on my own.- Kelly S.
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