Many clients ask us the question, “Can I file for bankruptcy without my spouse?” Yes, a person can file for bankruptcy without their spouse. However, the more important questions is “Should you file for bankruptcy without your spouse?
Married couples are not obligated to file for bankruptcy together. One person can file for bankruptcy while the other does not. Although there are no laws that require couples to mutually file for bankruptcy; couples should consider it depending upon their circumstances.
Couples can determine the right solution for them based on several factors which include but are not limited to:
- How is your property held?
- Who is liable for your debts?
- How is a bankruptcy filing going to affect your spouse? (Do the benefits out-weight the negative impact)
To better understand whether you should file without your spouse; you should speak to an experienced bankruptcy attorney such as David I. Pankin. A knowledgeable bankruptcy lawyer can help you better understand your options and find the right solution for your own specific situation.
The right attorney can explain the factors you want to consider and show you how your decisions can affect your spouse. For example, if spouses are jointly liable for debts and one spouse files for bankruptcy while the other does not, than the spouse that did not file for bankruptcy is typically still responsible for repaying the debt. It doesn’t mean that the spouse that didn’t file assumes all the debt. The spouse that didn’t file was responsible for the entire debt prior to his/her spouse filing. Nothing changed except that the spouse that filed for bankruptcy was discharged from their debt obligation.
Everyone situation is different. There is no one answer that fits every client. The best way to truly determine the right answer for you is to speak to an attorney. David I. Pankin can help you make a decision that is in your best interest. As a New York City Bankruptcy Attorney, David I. Pankin can help clients throughout New York, Brooklyn, Queens, Long Island the Bronx and Staten Island. For more than 18 years, our firm has helped over 8,500 clients receive a fresh start financially.
Please contact our office by phone at 888-529-9600 to arrange for a free, initial consultation.