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Can A Spouse File For Bankruptcy Alone?

spouse filing for bankruptcy

The short answer is yes.  A spouse can file for bankruptcy alone.  I frequently have questions from spouses regarding debts that were incurred by one spouse or the other.  You can file a bankruptcy with your spouse or alone.  

This can be a very important decision that can affect the outcome of a bankruptcy as well as a way to maximize a bankruptcy discharge.  Often one spouse will file bankruptcy when all of the debt is solely in one spouse’s name.   

It is important that you speak with an experienced attorney and have your attorney review the debts and accounts you have to make sure that your spouse does not have liability on the account. We can also evaluate your assets to ensure your property and the property you own with your spouse is protected.  Any time we are reviewing the debts of a couple, we are evaluating the best way to give them a fresh start and to maximize their discharge.  This may result in only one spouse filing or both, depending on how the debts and assets are structured.  

We always offer free bankruptcy evaluations to make sure you are informed about all of your options.  So when you choose to file you know you are making the best decision for you and your family’s financial future. It is never too early to evaluate your bankruptcy options, contact our office today for a free consultation.  

 

If you have any questions about the topic discussed in this article, or any bankruptcy law matter, please give us a call at Bononi & Company 724-832-2499.

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