If I am married do I have to file Bankruptcy with my spouse?


No, you do not have to file Bankruptcy with your spouse.  The Bankruptcy code allows for a married person to file and individual case, and your spouse would become what is termed a “non-filing spouse”.  However, you may need to provide the Court with some of their information including all of their income received in the last 6 months.   This is because the Bankruptcy Code requires you to report all household income for the 6 months prior to filing.

In other words, while a spouse is not required to file a case with another spouse, they will be required to furnish certain information for the case filing specifically their income and expenses.


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