SHOULD BOTH HUSBAND & WIFE FILE

BANKRUPTCY?

Yes, but it is not required that they both file. Do you want to know how bankruptcy will affect you and your spouse? Call for your Free Consultation at 210-930-7000.

Generally speaking, it is usually better for both husband and wife to file jointly because: (1) If one spouse does not file bankruptcy, then that spouse does not have the protection offered by the Bankruptcy Code, which means that creditors can continue to pursue the non-filing spouse if that spouse is liable for the debt; (2) In a community property state, both spouses may be liable on debts obtained during the marriage even though only one spouse's name is on the debt; (3) Bankruptcy filing fees are the same if one or both spouses file.  Thus, if one spouse files, then later the other spouse files, they would incur two filing fees. 

There is a situation when both spouses do not need to file.  That would be where the marriage was recent, the debts were not incurred during the current marriage, and the non-filing spouse had no debts prior to getting married.  In that situation, the non-filing spouse would not be liable on the other spouse’s debt.  However, this can be an involved and intricate legal issue that requires the counsel of an attorney.

Call us at 210-930-7000 to schedule a free initial consultation to see how bankruptcy would apply to your specific situation.

WANT MORE INFO RIGHT NOW?

Learn more about our bill consolidation plan with payments as low as $125 a month. (Click here)

Learn how bankruptcy can stop a foreclosure. (click here)

Learn how bankruptcy can stop the repo man. (click here)

See some real results for some real clients. (click here)

See what some clients have said about us. (click here)

Worried about your credit? Read more about that, too. (click here)