Can I File Bankruptcy Without My Husband? – Penni

“Dear Damon,

Bankrupt in 1997; back in the hole with massive credit card debt!

We want to sell our home and buy a smaller one now that it’s only us two.

He makes decent money, but we barely make ends meet and are starting to fall behind again. I’m wondering if I can file bankruptcy separately from my husband, or failing this, can we keep one or two accounts and discharge the rest? It is ALL credit card debt, no car payments, etc., just that and the mortgage. Any advice? Thank you!!


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Hello Penni,

Yes, there are situations where it makes sense for only one spouse to file for bankruptcy. Whether or not that makes sense or is possible for your situation, can be answered by a local attorney once they review your case and go over the options.

questions narrowFor instance if all of the credit cards and the mortgage is in both of your names, then it likely isn’t going to make much sense for you to file bankruptcy as he could still be liable for all the debt anyway.

Also, depending on the home, you need to determine if it makes sense to put it on the market before or after a bankruptcy.

Use the resource section at the top right of the site to find a local bankruptcy attorney to review your situation. Please come back and let us know what you learned during the consultation.

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