Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I am married and considering filing for bankruptcy due to overwhelming credit card debt. I rent an apartment and have no mortgage or car student loans etc. My question is can I file only for myself if all cards and debts are in my name and not involve my wife’s cards and debts and credit, or is the only way a joint filing?”I am not a bankruptcy lawyer, and you should consult with a bankruptcy attorney near you (you should be able to get a free consultation). That said, my understanding of bankruptcy law is that, well, it depends. You can file just on your own, without including your wife on the bankruptcy. But that can also mean that your creditors will go after her for any joint debts. In addition, the bankruptcy may still be noted on your wife’s credit record.
Question: Again, you need to consult a bankruptcy attorney who can best advise you as to what your options are.
