I've major credit card debts but they are all in my name only. I just can't pay them off. I've tried debt settlement but of no use. Finally, decided to file for insolvency. But can I file without my spouse?

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Simply, the answer is yes. You can file for bankruptcy without your spouse. However, your spouse matters for many grounds.

If you and your spouse are living together, your spouse's earnings are considered to decide whether you're eligible to file for Chapter 7 (straight liquidation) or Chapter 13 (debt repayment). If your spouse has disposable income (leftover), it's used to pay the debt. However, before proceeding, you should consult a bankruptcy lawyer who understands marital law well.

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Last Updated on: Fri, 8 Jun 2018

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