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Bankruptcy Law Center
ABOUT CHAPTER 7
HOW CHAPTER 7 WORKS
THE CHAPTER 7 DISCHARGE
ABOUT CHAPTER 13
HOW CHAPTER 13 WORKS
THE CHAPTER 13 DISCHARGE
STATE EXEMPTIONS
COURT GUIDE
ROLE OF THE TRUSTEE
BANKRUPTCY TERMS
BANKRUPTCY & TAX LIABILITY
FREQUENTLY ASKED QUESTIONS

 

Does my spouse have to file bankruptcy?

No, however the spouse that does not file joint bankruptcy will not receive the benefits of bankruptcy. In other words, if the non-filing spouse is jointly liable on certain debts, he or she will remain liable for those debts if the filing spouse filed for a chapter 7 bankruptcy .

He or she may also remain liable for any amount not paid for in the filing spouses Chapter 13 bankruptcy. On the other hand, the non-filing spouse will not have bankruptcy noted on his or her credit report.

Therefore, if the debts you owe are also owed by your spouse, or co-signed by your spouse, it would be to beneficial to file bankruptcy together as a married couple. If most of the debts are in your name only, you may consider filing a bankruptcy as the sole debtor.

If you live in a community property state like Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington or Wisconsin, most property is equally owned by both husband and wife regardless of the name of the person on the title or mortgage.


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