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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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My wife has had some major medical problems. I have insurance

Resolved Question:

My wife has had some major medical problems. I have insurance through my employer which has covered a large amount of the bills. There still is a large amount of debt left for her medical bills. Bills are in collection and she is being sued by a hospital. I have some medical bills overdue and in collections also. I own a duplex, pay the utilities, mortgage, etc. and all living expenses for my wife and I. I have a permanent job of 15 years with my employer. However I have had to go on unemployment until work picks back up which may be into April. We are considering bankruptcy. I think I can take care of my debts but not the wife. Can she declare bankruptcy on her own still being married or not? We have considered getting a divorce.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 5 years ago.

Thank you for your question. I am happy to assist you.

I am a lawyer with 25 years experience. While I am permitted to provide you with legal information, I am prohibited by and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open and nonconfidential forum.

A husband and wife are not required to file a bankruptcy jointly. One party can file without the other.

The effect on the non-filing spouse will be dependent upon whether there are joint debts and/or joint assets. If there are no joint debts and no joint assets, there may be little or no effect on the non-filing spouse. If there are joint debts and/or joint assets, the non-filing spouse would remain liable on the joint debt and the joint assets would need to be included in the filing.

I hope that the information which I provided was helpful to you.

Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.
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