Do I have to file bankruptcy with my spouse?

No, the United States Bankruptcy code does not require married couples to file together. However, in most of the cases I see, both spouses usually choose to file together. But there are exceptions, such as recent newlyweds, sometimes only one spouse files thereby preserving the credit standing of the other, non-filing spouse. You do need to know that the bankruptcy code requires all household income must be included in the “means test” calculations when determining whether a debtor is eligible for a Chapter 7 bankruptcy case or if a Chapter 13 bankruptcy should be filed.

The bankruptcy code mandates that total household income must be included in the calculations however expenses for non-filing household members can also be deducted from the calculations. The bankruptcy means test is very complicated. We will perform a full means test calculation at your Free initial consultation.  Call to set up your free consultation now 801-221-9911.