Should Both Spouses File for Bankruptcy in California?
There may be benefits to only one spouse filing for bankruptcy.
The Law Offices of Nicholas Gebelt has helped numerous married couples throughout Southern California decide whether to file for bankruptcy jointly. Attorney Gebelt will explain the options so you can make the best decision for your unique situation. For a FREE PHONE CONSULTATION, please call 626.450.0639, 714.202.9270, 562-321-5051 / 888-312-5004(toll-free). We offer flexible appointment scheduling and interest-free payments.
Considerations for Married Couples
Married couples are not required to file bankruptcy jointly. There are several reasons they may choose to have only one spouse file:
- If the couple is recently married and one spouse incurred significant debt prior to the marriage, the other spouse is probably not responsible for that debt.
- If a couple has been married for only a few years and one spouse filed bankruptcy prior to the marriage, he or she may not be eligible yet to file again.
- When only one spouse files, creditors usually cannot collect from the non-filing spouse payments for debts that were discharged in bankruptcy. This also means the non-filing spouse can file bankruptcy in the future if necessary.
However, some couples choose to file jointly if they feel they are responsible together for the debt. They may also not want their spouse to later be liable for debt they incurred jointly.
If you would like to discuss your options with an experienced lawyer, please call our Orange County and Los Angeles area office for a free phone consultation.
