Must I Include My Spouse in my Bankruptcy?

More often than not, married debtors file a joint bankruptcy petition. This is usually when the debt of both spouses is substantial enough to warrant a joint bankruptcy filing. However, this is not always the case. Sometimes we encounter a situation where one spouse is overwhelmed with debt, while the other spouse is not. In these instances, it may be necessary for only one spouse to file a chapter 7 or 11 bankruptcy petition.

Although the non-filing spouse is not included in the bankruptcy petition, per se, their income is taken into consideration when determining the filing spouse’s eligibility to file bankruptcy, ability to repay their debt, and satisfy the bankruptcy means test.

For more information on whether or not to include the debts of a non-filing spouse, please schedule a face-to-face consultation with bankruptcy lawyer, Dr. Glenn A. Brown.

Glenn A. Brown, Esq.

Attorney Glenn Brown and the Real World Law team provides legal protection to homeowners and businesses in eminent domain and condemnation actions, commercial and residential real estate closings, and other litigation matters. If you're a property owner in need of legal protection, contact our law firm. We've two convenient office locations, serving communities in and around Upper Darby, PA and Wilmington, DE.

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