Legal Question in Bankruptcy in Texas
Can a spouse file for bankruptcy on their own without effecting the other one?
2 Answers from Attorneys
The answer is YES and NO. It depends on what you mean by "effecting" the other spouse who is not filing. Many times I have recommended that a client file a single bankruptcy without the other spouse filing. This is a good strategy in terms of helping the credit report of the non-filing spouse because the bankruptcy will not be shown. However, if the non-filing spouse has joint accounts with the spouse who files then the credit report will show the account as "co-debtor in bankruptcy" or similar language. This typically occurs on mortgages and/or car loans. It really boils down to a case by case situation. www.northtexasdebtfreedom.com
Another issue to think about is debt for necessaries. The non filing spouse is liable for debts for "necessaries" of the other spouse, This includes debts for medical bills, a common reason for filing bankruptcy. Hence, if the filing spouse recieved a discharge for necessaries, the creditors could persue the non filing spouse, who would not be discharged.
While bill collectors are not the brightest bulbs on the christmas tree, those I have encountered believe that one spouse is liable for the debts of the other, which is only true for debts for necessariess. If only once spouse files, the calls from creditors will continue..
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