Can I file bankruptcy in my name only without including my husband and debts in his name?

Letter to “Ask Leon”

Dear Leon, I have acquired approx $25,000 in credit card debt. Some of it was prior to getting married and some after. We were married 3 years ago. Can I file bankruptcy in my name only without including my husband and debts in his name?

Leon Says…

This is a very popular question. The short answer is you may file a single case by yourself, assuming that bankruptcy is the best option for you, and taking into consideration a favorable analysis on a lot of other issues that you did not mention in your question. Whether or not you should file is another matter. Filing by yourself does not mean that your husband is guaranteed to be unaffected. It just means that he would not be the person who filed the bankruptcy case. For example, if you and he have established any kind of joint credit together, (department store, car loan, credit card, etc.), that credit may be affected in some manner, such as an negative mark on his credit report concerning that particular account – even if you still pay it. If you file and you are able to reaffirm the debt, it might allow him to avoid it. If you have established any kind of joint asset ownership, that may also be affected. This is especially true of real property. The court will also consider your total household income and how you and your spouse are spending it in deciding whether your case should be accepted. Please consult with an experienced attorney specializing in bankruptcy so that all of the necessary considerations can be examined. Don’t be afraid to do that. Most of us bankruptcy lawyers offer a completely free consultation. The new laws have made bankruptcy more complex than it ever was. The good news is that most people who need bankruptcy relief can still obtain it, it just takes more work. You asked if you could file bankruptcy in your name only without including your husband and his debts. I wonder, since all of the money that will go to pay his debts is money that will never be spent for your common benefit, how does that benefit you and your marriage? (If he has just a trivial amount of bills, then I would certainly understand. However, if he has anywhere near the debt load that you carry, you are not preserving his credit by sacrificing yours. A person carrying an inappropriate level of debt is usually never going to be a good candidate for additional debt, such borrowing money to buy a home, until they have paid their debts down to a reasonable level.