Generally speaking, your bankruptcy will not affect your spouse. In some instances, on joint debt, your spouse may benefit from the automatic stay in bankruptcy, but otherwise, your spouse will not be affected.
Filing bankruptcy will affect your credit score. If your spouse doesn’t file for bankruptcy, his or her credit score will not be affected by your filing. When your spouse’s credit report is pulled, your bankruptcy will not show on their report.
For debt in your name only, your bankruptcy should serve to discharge your obligations under that debt. For joint debt you may have in both your name and your spouse’s name, while your obligation under that debt may be discharged by the bankruptcy, your spouse will still be responsible for that debt. Typically, you are both liable for 100% of the debt. So after bankruptcy, your spouse is still liable for 100% or the full amount, of the debt.
The Bankruptcy Process
While your spouse’s income may be required for the purpose of determining whether you qualify for a Chapter 7 bankruptcy, or in determining your Chapter 13 payment, your spouse’s assets and other personal information are not needed nor disclosed in the bankruptcy filing. Additionally, your spouse will not need to attend the 341 meeting of the creditors.
Call An Attorney
If you have questions about filing bankruptcy, whether they relate to a non-filing spouse or any other aspect of bankruptcy, please call 704.749.7747 to speak with an attorney. The call is free and we’re here to help.