Legal Question in Bankruptcy in Massachusetts

Spousal responsibility or assets

How can one spouse (a non-working spouse) file bankruptcy when they have a working spouse who up until now has been supporting their family? The non-working spouse has credit card debt but wouldn't they have to explain why they all of the sudden can't pay the bills when their working spouse has supported him/her until now, and it is not a situation where they are getting separated or divorced? I am confused about how a spouse can file individual bankruptcy and the other spouse doesn't have to explain what they're doing with his/her income or assets.


Asked on 8/17/04, 7:27 pm

2 Answers from Attorneys
David Baker Law Office of David Baker

Re: Spousal responsibility or assets

It depends on what kind of bankruptcy is involved. In a Chapter 13 case, the spouse DEFINITELY must participate and his/her income and expenses are considered. In a Chapter 7 case, however, generally only the individual involved is considered. It may be that there was some unknown factor that caused the non-working spouse to file, such as a medical problem affeting the working spouse that caused a temporary loss of income, or perhaps one of the non-working spouse's creditors started a lawsuit.

Read more
Answered on 8/18/04, 9:38 am
Barry Levine Law Office of Barry R. Levine

Re: Spousal responsibility or assets

While the income of the non-filing spouse may be a factor, one spouse can in fact file a bankruptcy and discharge their debts. Marital assets would be divided in half for bankruptcy purposes and applicable exemptions would be applied.

Read more
Answered on 8/18/04, 10:23 am


Related Questions & Answers

More Bankruptcy Law questions and answers in Massachusetts