My spouse does not want to file bankruptcy, can I file by
myself?
Yes, you can file by yourself, however
there are some factors to consider. If any of your debts
are joint with your spouse, your spouse will still be
responsible for the debt. For example, your spouse is joint
on one of your credit cards which has a balance of
$3,000.00. If you file by yourself, the debt will be
discharged for you, but the credit card company can still
pursue collections against your spouse for the full
$3,000.00. Why the full amount? Because co-signers are
jointly and severally responsible, which means that the
full amount of the debt can be collected against either one
of the co-signers, not just half the debt. Your spouse
should be aware that if he/she does not file, any debts
listed in his/her name will still be collectible. Another
factor to consider is the income of your spouse. The income
of the non-filing spouse must be listed on the bankruptcy
petition, even though the spouse isn’t filing because the
means test calls for the household income to be listed.
This doesn’t affect the non-filing spouse in anyway, but it
may make a difference in determining household income under
the means test which is explained in more detail under that
chapter.