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Filing bankruptcy alone if married

Good day, I would like to know if it is possible for me to file bankruptcy on just myself alone. My credit has fallen really bad starting two years ago when I stopped working outside the home. I started working again but inside the home however, I got really behind in bills that are just in my name alone (credit cards, student loan, and personal loan). My husband at one point was able to help me out until his job started losing business. We are both able to maintain however it is to the point where I am not making enough to carry those bills on my own anymore and I am finding myself digging a deeper hole than before. I would like to know if at all possible could a spouse file bankruptcy alone and if both incomes required to determined if filing bankruptcy.

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Attorney answers (1)

Reputation Level 11
You may file a solo bankruptcy if married, but the entire household income will be taken into consideration for the Means Test for you to be eligible. In other words, if your husband's income over the past six calendar months combined with your income exceeds the median income in your state for a family of the same size as yours, you are (probably) not eligible to file bankruptcy. That warning aside, if your debts are separate and he can manage his on his income. By the way, the Means Test measures gross income, except if business income, it is business income net of business expenses. Virtually all other sources of income except social security apply.

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