filing for bankruptcy as individual if married, spouse's liability after discharge

bankruptcy: can you claim bankruptcy as an individual if you are married
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married but haven't lived together for 9 years. Nothing is in his name. would his credit be effected if I claimed individual bankruptcy on my own credit cards?

so as long as his name is not involved then it will not effect him?
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Answers (1)

Lesley Abigail Hoenig

Lesley Abigail Hoenig

Contributor Level 7
You can file individually but your entire household income is looked at, not just yours, for purposes of the means test. And your spouse is still liable for debts that are in her name even if you are discharged on the same debt. If you are in a community property state that may have an impact on your spouse too. You need to consult with a local bankruptcy attorney about this.
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