This is a concern for many individuals who are contemplating filing a bankruptcy. They worry about their spouse filing bankruptcy if they file a personal bankruptcy. While it is permitted for married couples to file a joint bankruptcy case, it is also permitted for one spouse to file a bankruptcy without the other spouse filing bankruptcy too. However, you may want to consider some issues before deciding to file a joint bankruptcy or an individual bankruptcy.
Filing an Individual Case Versus My Spouse Filing Bankruptcy
When you file an individual case, even though your spouse is not filing bankruptcy, his or her income must be considered in your bankruptcy case. The court considers household income and household expenses when determining the requirements of the means test and disposable income. However, your spouse’s debts will not be included in your bankruptcy case and will not be discharged. He or she will continue to owe these debts and must pay them outside of the bankruptcy. Depending on the situation, your attorney may advice that a joint case is more beneficial with your spouse filing bankruptcy with you.
Joint debts are another problem in individual cases that do not include the spouse filing bankruptcy. The spouse that files bankruptcy will no longer be legally liable to repay the joint debt; however, the spouse that did not file bankruptcy must continue to pay the debt or face legal action to collect the debt. Even if the creditor does not pursue legal action against the non-filing spouse, the spouse’s credit rating will be ruined unless he or she pays the joint debt. Depending on the circumstances and the amount of joint debt owed, your attorney may advise that it is a better option to file a joint bankruptcy to discharge all joint debt for a fresh start for both spouses.
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It is more cost effective to file a joint bankruptcy case. Both spouses are able to get rid of debts and to obtain a fresh start while only paying one filing fee and one attorney’s fee. If the spouse waits to file bankruptcy until later, he or she will pay a separate filing fee and attorney’s fee for the bankruptcy case. It may be advantageous for both spouses to file a joint case now to resolve all debt problems rather than waiting to file separate cases.
Schedule a Free Consultation with an Experienced Southern New Jersey Bankruptcy Attorney
I have dedicated my law practice to helping individuals who are struggling with debts. I focus on bankruptcy, debt consolidation and credit repair. For your convenience, I offer free bankruptcy consultations during normal business hours as well as on weekends and after-hours. Bankruptcy offers many affordable options to solve your debt problems. I can help you find the bankruptcy or non-bankruptcy alternative that is right for your financial needs.
If you are having problems with debt collectors in Burlington County or anywhere in South Jersey, call The Law Office of Travis J. Richards, LLC in Mount Holly at 609-267-5297 or use our convenient online contact form to schedule an appointment today.
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