You have been thinking about filing for Chapter 7 bankruptcy. Your debt is just getting out of hand and you need a fresh start. It’s causing you constant stress and you can’t seem to get ahead of it, no matter how hard you work.
Your spouse, on the other hand, does not want to file for bankruptcy. They are afraid of what it will do to their credit score and what that could mean for their ability to get loans in the future.
Your question, then, is simply whether you have to file with your spouse, jointly, or if you can start a bankruptcy filing on your own.
Joint filings are not required
You and your spouse can file for bankruptcy together, but you are not necessarily obligated to do so. In fact, there are some situations where one spouse qualifies for bankruptcy and the other does not. If you would like, you can still start your case on your own, even though your spouse is not part of it.
This can make things a bit more complicated when it comes to shared debts. For instance, some of those debts may still remain – as a financial obligation for your spouse – even after the bankruptcy filing has been completed. Your obligation to pay may be removed, but the creditor may simply contact your spouse, who is also named on the loan or the financial account, and they may be obligated to pay back what they owe.
This type of bankruptcy situation can get very complex and you certainly need to think through all of the ramifications while filing. It is also wise to carefully consider the proper legal steps to take to seek an optimal outcome.