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If I wish to file for personal bankruptcy, how will it affect my spouse?

Individuals may file for personal bankruptcy without their respective spouses filing. However, the spouse of a bankruptcy petitioner must provide certain information for use in the debtor’s bankruptcy paperwork. In addition, a debtor’s spouse may be affected by the petitioner’s bankruptcy even if the spouse is not actively participating in the proceedings. In Chapter 13 cases, much of the debtor’s income will be ordered to go toward monthly payments. In Chapter 7 cases, jointly owned property may not be completely exempt and therefore not completely protected. Also the non-filing spouse will still be liable for the jointly owed debts, even if the debt is discharged for the debtor.

Barry Rosenzweig
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Barry Rosenzweig, has 25 years experience as an attorney helping clients solve their legal problems.