Can Each Spouse File For Bankruptcy?
If you and your spouse are struggling with debt, the bankruptcy process can provide you the opportunity you need to get a fresh start. However, whether you, your spouse or both of you file for bankruptcy is likely a question you are asking yourselves.
My name is Ben Sissman, and I am one of the most experienced bankruptcy attorneys in the Memphis, Tennessee, area. A question I hear often is, “can one spouse file for bankruptcy?” The easy answer to that question is: it depends. If you come to my office for a free initial consultation, I can answer any questions you have about the process and whether you should file together or separately.
How One Spouse Filing For Bankruptcy Affects The Other
If you and your spouse have any joint debts, such as credit card debt, you are both liable for those debts. That means if your spouse files for bankruptcy, you will still be liable for those debts, and your credit score could still be negatively affected. In this case, it may make sense to file jointly.
However, if your spouse is the only holder of the debt, it will likely make sense for him or her to file alone. This could be the case if your spouse has a lot of student loan debt or credit card debt from before your marriage.
Finding A Solution That Meets Your Needs
Questions like these are why it is important to not go through the bankruptcy without the experienced guidance of a bankruptcy lawyer. I can gather all the details of your financial situation, and help you and your spouse find a solution that works for both of you and gives you the best chance of successfully discharging your debts.
The law office of Ben Sissman is a debt relief agency that helps people file for bankruptcy relief under the Bankruptcy Code.