If you are still married, you can file bankruptcy with or without including your spouse. This could be a hit or miss situation, depending on how your debt is structured. If most of the debt belongs to you as a couple, filing bankruptcy alone won’t discharge your spouse’s obligation to pay the debt. That means if you ever get divorced, any creditors from marital debts will likely come after your spouse for repayment. This may be enough incentive for your spouse to join you in divorce.
Filing Chapter 13 bankruptcy without your spouse is almost impossible. It would be most plausible if you are the only breadwinner in your household because Chapter 13 reorganizes debts into a payment plan that lasts 3 or 5 years and uses all of the debtor’s disposable monthly income.
Filing bankruptcy without your spouse doesn’t mean your spouse’s income and assets don’t matter in your bankruptcy case. The court will still consider both spouses’ incomes for qualification and plan calculation purposes. Either spouses’ assets could be at risk in a Las Vegas bankruptcy filed by either spouse if they aren’t protected by bankruptcy exemptions.
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