Bankruptcy Lawyer | My Spouse Doesn’t Want to File Bankruptcy With Me? Pt. 2

Bankruptcy Lawyer  | There are occasionally situations where it does make sense for only one spouse to file. One common situation is a recently married couple where one spouse has accumulated debt prior to their marriage, but the other spouse is in relatively good financial shape and their combined income still allows for a Chapter 7 filing by the one spouse. This allows the non-filing spouse to preserve their good credit. It also makes even more sense for the spouse with the problem debt to file Chapter 7 before getting married, especially in cases where there may be a means test issue due to the prospective spouse’s income once they are married.

Another fact scenario where it is advisable for only one spouse to file Chapter 7 is where the other spouse may possess non-exempt assets (and these assets are not part of the overall bankruptcy estate) that would be taken or sold for the benefit of creditors if they file jointly. There also may be situations where delaying one spouse’s Chapter 7 filing to allow for a joint filing is advisable. One example of this situation is where one spouse may have tax debt that will become dischargeable if the filing is delayed. Another example is where one spouse may have made a preferential transfer payment for a debt due to a relative within the past year. When the appropriate time has expired to allow both spouses with problem debt to file it definitely makes sense to do so.

Again, as stated above, each situation is unique based on the particular facts involved and stresses the need for any spouse considering filing bankruptcy to meet with an experienced bankruptcy attorney to determine how and when to file.



Our office can assist you in determining whether bankruptcy is the right choice for you, and which chapter under the Bankruptcy Code would provide you with the most relief.  To schedule a free consultation with a knowledgeable Bakersfield bankruptcy lawyer about filing a Chapter 7 bankruptcy in Kern County, please call our office today at 661-888-4335 .