Written by Craig D. Robins, Esq.

Some married people think that if they file for bankruptcy relief they must do so with their spouse.  That is not true.

Whether you file a bankruptcy petition individually or jointly, it’s your choice. It’s not uncommon for one spouse to have most of the debt in their name only, in which case an individual filing would probably be best.

However, if both spouses are obligated on debts, they should file together.

It is not uncommon for us to meet with just one spouse because the other spouse is adamant against filing for bankruptcy.  In these situations, there is no problem for just one spouse to file the bankruptcy petition.

An experienced bankruptcy attorney will thoroughly analyze a consumer’s financial situation and suggest whether a married couple should file an individual or a joint petition.

More from Long Island Bankruptcy Law Firm Blog

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• Can Consumers Still File for Bankruptcy in New York?
• Paying the Price of Putting Off Filing for Bankruptcy
• Will People Find Out If I File for Bankruptcy?
• Special Bankruptcy Protection on the Way for Consumers with High Medical Debts

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