“Dear Steve,
My husband and I are in our late 40’s. We’ve both always held full-time jobs and made a decent living. In May 2009, I was laid off, cutting our income significantly. Since being laid off, I have been diagnosed with a rare disease which we are trying to get in remission leaving me unable to seek employment at this time.
Can a person file for bankruptcy without adversely affecting their spouse’s credit or do both spouses have to file? We live in Ohio. Thank you for being so generous with your time in helping others.
Lori”
Dear Lori,
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I guess it is a good news / bad news situation. At least you are in remission.
Yes, you can seek bankruptcy protection alone but there are a lot of factors that will determine if it will impact your husband or not. You should click here to find a local bankruptcy attorney and go talk to them for specific advice about your situation. The consultation appointments are typically free.
If you have any joint debt with your husband it would be listed in your bankruptcy and the fact it was included in a bankruptcy could be reported on his credit report. That might impact his score.
Additionally, his income will have to be factored into the calculation to see if you qualify for a Chapter 7 or Chapter 13 bankruptcy.
Go talk to the attorney, ask every single question you have and then come back afterwards, post an update in the comments and let me know how it went.
