Legal Question in Bankruptcy in Pennsylvania

Bankruptcy and marriage

If you are married, can one spouse declare bankruptcy and not the other?


Asked on 9/04/03, 12:09 pm

2 Answers from Attorneys

Re: Bankruptcy and marriage

Yes, but only the debtor's individual debts would be discharged. Any joint debts still would be owed by the non-filing spouse.

This is general information for discussionn purposes and not legal advice. Please feel free to contact me if you want to discuss forming an attorney-client relationship.

Read more
Answered on 9/04/03, 12:40 pm
Matthew Nahrgang Nahrgang & Associates, P.C.

Re: Bankruptcy and marriage

Absolutely. The only issue is that the U.S. Trustee�s office now requires that all household income be disclosed. Consequently, your spouse�s income is considered for purposes of determining whether you have disposable income and qualify for Chapter 7.

The good news is that, just as you are required to provide the spouse�s income information, you may also include the expenses. The crucial question is, is there income available in the house to pay the debts?

I trust this has been helpful, but feel free to call or E-mail on a free initial basis.

Read more
Answered on 9/04/03, 12:41 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in Pennsylvania