I am married but my spouse doesn’t want to file bankruptcy. Does he/she have to?

No. Married parties may file individually. However, joint debt may be one good reason to file together. If one party files and eliminates their responsibility for the joint obligation, in non-community property states the creditor can still collect from the non-filing spouse. It is also less expensive to file bankruptcy together (one attorney fee, one filing fee).

Category: Chapter 7

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