Legal Question in Bankruptcy in Pennsylvania

Re: thinking about bankruptcy

Yes. If a debt is joint (such as a credit card in both names), however, it will not be discharged unless both spouses file. There are various reasons, including the effect of bankruptcy on your credit rating, for one or both spouses filing. You should consult with an experienced bankruptcy attorney about your individual situation. Feel free to contact me if you want to discuss this matter further.

Re: thinking about bankruptcy

Yes, one spouse can file without the other and in some cases may want to file that way.

There may be circumstances where a spouse has no choice but to file separately if for example they are separated. However, spouses who are separated may also want to file together where the debts are joint debts and if one spouse discharges the debts the other spouse will continue to be fully responsible for that debt.In addition, if both spouses are going to want to eliminate the debt anyway, it will save the cost of two separate filing fees.

Finally, if the debts are in the name of only one spouse and not the other they may want to file separately so that spouse without the debts has less impact on their credit.

Marc Pachtman, Esq.