Lawyers.com > Discuss Your Legal Issue > Ask a Lawyer > Bankruptcy > If I am married and all debt owed is in my name can I file bankruptcy alone?

If I am married and all debt owed is in my name can I file bankruptcy alone?

1 Answers. Asked on Aug 08th, 2017 on Bankruptcy - Georgia
More details to this question:
N/A
Tagged as:
Answers Showing 1 out of 1
Answered on Aug 09th, 2017 at 11:14 AM

You are not required to file a joint bankruptcy case with your spouse.  You can file individually, you each could file separate cases if you wish, or you can file a joint case.  This is a decision that should be made carefully after reviewing your debts, income, and assets.

If you have a codebtor on an obligation and file a bankruptcy for yourself only, your codebtor will not receive a discharge of the debt.  If you file a Chapter 7 case, the creditor will be free to continue to try to collect from your codebtor just as though the bankruptcy had not been filed. 

If you have a codebtor on a consumer debt, such as a car loan, and you want to protect the codebtor, you may want to consider Chapter 13.  Upon the filing of a Chapter 13 case, a "codebtor stay" goes into effect, which prevents a creditor on a consumer debt from attempting to collect from your codebtor.  If you propose a Chapter 13 plan to pay the debt in full, the creditor will not be able to get relief from the codebtor stay.  Upon completion of your plan, the creditor would have no reason to pursue your codebtor, as the debt will have been fully paid.  Keep in mind, however, that the codebtor stay only applies to consumer debts, not business debts, and not most tax debts.  If your spouse is a codebtor on those types of debts, you may want to consider a joint Chapter 7 or 13 case.

Even if you file an individual case, if you are married and living with your spouse, you must disclose both spouse's incomes in your bankruptcy paperwork.  But, the non-filing spouse's name or social security number is not required.

Remember, the bankruptcy law is complex.  Bankruptcy is not a do-it-yourself project.  Get help from an experienced attorney.  You'll be glad you did.

MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, WORK-RELATED INJURIES, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.

 

Our response is for general information only. No attorney client relationship is created. Always consult with a qualified attorney directly.

Report Abuse
Bankruptcy
If you're struggling to pay off your delinquent debts and getting hounded by collection agencies, then it's time to address your financial problems. And filing for personal bankruptcy may be the ideal solution. Whether you're an individual or married couple considering Chapter 7 or Chapter 13 bankruptcy, or a business considering a Chapter 11 reorganization, or a farmer considering Chapter 12, you need the advice and guidance of an experienced bankruptcy attorney. Your lawyer can help determine which form of bankruptcy is right for you, prepare and file all of the paperwork, and advise you throughout the bankruptcy process.
Have an Bankruptcy Question?
It’s Free & Easy.
Ask a Lawyer
Top Contributing Lawyers
Mark Tischhauser, Esq.

Attorney - Florida

329 Answers, 19 Legal Topics

Patrick Johnson

Attorney - Tennessee

243 Answers, 45 Legal Topics

Michael D. Siegel

Attorney - New York

178 Answers, 25 Legal Topics

Bruce Robins

Attorney - New York

104 Answers, 9 Legal Topics

Anthony John Van Zwaren, Esq.

Attorney - New Jersey

97 Answers, 17 Legal Topics

Mr. Max L. Rosenberg

Attorney - Connecticut

85 Answers, 34 Legal Topics

Lori Nevias

Attorney - New York

67 Answers, 24 Legal Topics

Have a legal question?
Get answers from local attorneys.
It's free and easy.
Ask a Lawyer
Do It Yourself Legal Forms
Go

Popular Forums