Bankruptcy Myths: If You’re Married You And Your Spouse Must File Bankruptcy Together

by Dan Nunley

Not true. There is no requirement that both husband and wife must file bankruptcy together.

If the bills that are causing financial difficulty belong to only one spouse, then it may make sense for just that spouse to file an individual bankruptcy case.

However, if both husband and wife are jointly liable for bills that they cannot pay, then they should file a joint bankruptcy case. Otherwise, while the creditor will be unable to collect the money owed from the spouse who received a bankruptcy discharge, the creditor will simply demand payment for the entire amount from the spouse who didn’t file bankruptcy.

If you are unsure of whether or not both you and your spouse should file bankruptcy together, contact me today by phone or email to schedule a FREE initial consultation. I would count it a privilege to be able to visit with you in a relaxed and confidential environment where I’ll answer all of your questions in plain English and give you the straight scoop on the pros and cons of bankruptcy as related to your specific situation.

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