Can I File Bankruptcy in Georgia Without my Spouse?

Yes, you can file Chapter 7 or Chapter 13 bankruptcy in Georgia without your spouse. When you file bankruptcy without your spouse, you will not list your spouse’s name or personal information anywhere in the bankruptcy petition. However, both Chapter 7 and Chapter 13 bankruptcy filings reqiure that you disclose all household income, which includes your spouse’s income, for the purpose of the means test. Thus, you may be required to produce your spouse’s paystubs to the bankruptcy trustee for the purpose of proving income.

How Will Filing Bankruptcy Affect my Spouse?

Filing bankruptcy in Georgia should not really affect your spouse significantly, as the filing will be under your name and social security number only.

  1. If you have joint debt with your spouse, but you are the only one who files bankruptcy, then your spouse will continue to be liable on the joint debt. Thus, your spouse’s failure to repay the debt could result in negative reports to his or her credit history.
  2. Your spouse will be required to provide his or her income information to the bankruptcy trustee.
  3. If your spouse has any individual debt of his or her own, his/her obligation to the creditors will remain the same to those creditors.
  4. If you have the majority of the debt in the household and file individual bankruptcy, then your household debt will be reduced upon discharge, which will actually benefit your spouse!

If you or your spouse have concerns about filing bankruptcy in Georgia, please call the Law Offices of Charles Clapp at (404) 585-0040 to schedule a consultation.