Can Only One Spouse File? Top-Rated Attorneys in Los Angeles

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.

Testimonials 

See What Our Clients Have to Say 
  • 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.

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  • I cannot thank them enough for helping save my home. I would recommend them for anyone that is thinking about filing for bankruptcy or foreclosure on their home.

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  • These are top-notch pros that'll have your back. I cannot recommend them highly enough.

    “Where to begin? I had a vile evil credit union repo my car over a misunderstanding, they wouldn't work with me even when I offered full payment plus repo fees (this was my first repo!) so I didn't ...”

    - Tim C.
  • They were thorough, extremely knowledgeable, wonderful to deal with, thoughtful, and really helped guide me through what was one of the toughest times in my life.

    “Matt and his team are the best!! They were thorough, extremely knowledgeable, wonderful to deal with, thoughtful, and really helped guide me through what was one of the toughest times in my life. I ...”

    - Rusty H.
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We Make Debt Relief Easy

Committed to making the process as stress-free as possible for our clients, our Los Angeles bankruptcy attorneys and dedicated staff will handle everything for you. From filling out paperwork through getting end results, we will work to help your case run smoothly and efficiently. We serve our clients in English, Spanish, and Farsi.