Legal Question in Bankruptcy in Pennsylvania
Bankruptcy and marriage
If you are married, can one spouse declare bankruptcy and not the other?
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.
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?
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