The person filing for a Chapter 7 bankruptcy can not include their spouse's debts. He or she can only claim the debts that are in his or her name. In other words, one can not try to add the debts of a spouse if he or she is not going to claim bankruptcy themselves. All debts must be separate.
The state from which you reside has the final say on the matter. In some states your spouses may still face lawsuits even if the bills aren't in his or her name. This may seem unfair, but, never the less, it is what happens at times. Some credit collection companies will go after the spouse who didn't file bankruptcy depending on the state. This fact is truly one of the most difficult parts of filing for bankruptcy.
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In many states it is kosher for one spouse to file in only his or her name. You can simply set a free consultation with a bankruptcy attorney to get the specifics on your state and its laws. This article in no way is set up to give you legal advice but to hopefully add some helpful concepts to concepts consider prior to the serious process of filing for bankruptcy.
One spouse is allowed to file Chapter 13 bankruptcy and include all credit card accounts. In this situation, your spouse will be obligated to a monthly bill for 36- to 60-months depending on the payment plan. It is extremely important to make sure that you understand exactly what you are committing to.
Make sure you don't have your name on credit card accounts with your spouse before filing for bankruptcy. If your spouse is on as an authorized user then he or she would be allowed to use the card but not face liability in the event of a default. If the creditor has the authorized user's social security number they can sue the non-bankrupt spouse even without a signature! You will have to answer the lawsuit in a timely manner to explain this.
Always consult with an attorney on these matters to make sure you have all the facts relative to the area in which you reside.
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