Tag: Debt Relief Options

Will My Bankruptcy Filing Impact My Spouse?

Will My Bankruptcy Filing Impact My Spouse?

Question: Can I File Bankruptcy Without My Spouse? Will It Impact Them?

Answer: Yes, you can file without your spouse. But, it might impact your spouse even if they don’t file for bankruptcy with you.

First, if you are married, you can file for bankruptcy without your spouse. They do not have to file with you.

However, if you file for bankruptcy without your spouse, then it could impact their credit if you share joint debts. If you and your spouse share debts, then your spouse would remain legally liable for the debt. That means, if they do not want their credit impacted by virtue of you filing for bankruptcy and they share an account with you, then they will need to make arrangements to continue payment on that debt.

Second, if you are married and your spouse does not file for bankruptcy with you, their income still matters. Even though your spouse does not want to file with you, and even if it makes sense that they not file, their income matters. What this means, is household income and budget are factors in your bankruptcy case. Determining whether you qualify for a Chapter 7 or Chapter 13 bankruptcy or determining your payment plan in a Chapter 13 bankruptcy would require disclosure of your spouse’s income. So, while your spouse’s name would not appear in your paperwork, it would be required to report their income.

Third, while your bankruptcy filing might not impact your spouses’ credit, it still impacts the household. If you are in a Chapter 13 payment plan, then that would impact the household budget. Further, you may have to pay your tax refunds into your Chapter 13 case. For that reason, and many others not listed in this article, your bankruptcy filing could impact your spouse.

There are other factors to consider when you are making the decision to file for bankruptcy. There are additional considerations when you share debts with someone else or are married. It is a good idea to speak to a bankruptcy attorney before deciding whether to file for bankruptcy. Jessica Nomie Law offers in person and telephone meetings, as well as same-day appointments.

The information and materials provided in this article have been prepared for informational purposes only and do not constitute legal advice and do not constitute an attorney-client relationship between you and this law firm. If you believe you have a legal case or claim, you should contact an attorney promptly; strict time limitations may apply to your case or claim.

We are a debt relief agency. We help people file for relief under the Bankruptcy Code.

Bankruptcy Success Story

Bankruptcy Success Story

Caller: “My friend filed for Chapter 7 bankruptcy and less than one year later his credit score is almost at 700. It made me realize that Chapter 7 bankruptcy might not be such a dreadful thing.”

This is true! Bankruptcy is not the end of the world. People often hear the word “bankruptcy” and they run. Sometimes it is out of fear. Other times it is on account of the many misconceptions and myths surrounding bankruptcy.

In reality, bankruptcy is meant to be a tool to help you through financial hardship. You may have heard the term “fresh start.” This is often used when referring to bankruptcy. That is because bankruptcy is meant to help you when you may be struggling with debt that you can hardly afford to pay, with little hope of getting out of the debt cycle. You may even be behind or delinquent on these debts and as a result your credit score has taken significant hits. If you continue in this cycle, it may take years to pay off your debt, collectors may continue to contact you for years, and you may never achieve the credit score and credit history needed for approval for a home mortgage.

While we certainly do not wish bankruptcy on anyone, for some people this is the right option for breaking the cycle and getting a second chance.

Bankruptcy can help you (1) save money because you are no longer struggling with minimum payments or garnishments; (2) clear negative credit history, rebuild your credit and increase your credit score; and (3) eventually buy a home or finance a new car at lower interest rates.

Contact our office today to schedule your free bankruptcy consultation.  We offer in person and telephone meetings, as well as same-day appointments. We look forward to speaking with you to discuss whether we can help you achieve your financial fresh start!

The information and materials provided in this article have been prepared for informational purposes only and do not constitute legal advice and do not constitute an attorney-client relationship between you and this law firm. If you believe you have a legal case or claim, you should contact an attorney promptly; strict time limitations may apply to your case or claim.

We are a debt relief agency.  We help people file for relief under the Bankruptcy Code.