How will filing for bankruptcy affect my spouse?

Filing for bankruptcy will have an effect on your spouse, depending on what kind of bankruptcy you file. If you file a Chapter 13 bankruptcy, your spouse will be required to join in the repayment plan with you. This means that your spouse will be responsible for making payments to the trustee overseeing your bankruptcy in order to pay off your debts. If you file a Chapter 7 bankruptcy, your spouse may not be required to join in the bankruptcy filing with you, but their income will be considered when your income is calculated for the means test. This means that if your income is too high, you may not be able to file a Chapter 7 bankruptcy. In either case, your spouse will not be directly responsible for repaying any of your debts after you file for bankruptcy, since the bankruptcy and its attendant discharge of obligations are conducted in your name only. It is important to note that if your spouse owns property with you or is a cosigner on any of your debts, their assets may still be at risk in a bankruptcy, depending on the type of bankruptcy you file.

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How will filing for bankruptcy affect my spouse?

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