Monday, September 14, 2020

Do I Have to File for Bankruptcy with my Spouse?

If you want to file for bankruptcy individually you are certainly able to, but the nature of your case will depend on if your spouse lives in the same house you do. The means test, which determines the chapter under which you are able to file, will need to consider your non-filing spouse’s income if they reside in the same house as you. The courts won’t need any other identifying factors like social security number from your non-filing spouse outside of both of your income and both of your expenses. If your non-filing spouse does not live in the same house you do, you will be listed as being married but being solely responsible for the income of your particular household. The bankruptcy court must be notified that your non-filing spouse is not living in the same house you are.

To better understand if filing for bankruptcy is the right action for you, it is recommended that you set up an appointment with a local bankruptcy attorney.

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