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Levitt & Slafkes, P.C. - Essex County Bankruptcy Attorneys

Get The Fresh Start You Deserve

Levitt & Slafkes, P.C. - Essex County Bankruptcy Attorneys
GET THE FRESH START YOU DESERVE

Bankruptcy &
Debt Relief For
Individuals and
Businesses

Chapters 7, 11
and 13

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Foreclosure
Defense &
Mortgage
Litigation

Saving Homes
Fighting Banks

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Loan
Modifications

Preventing
Foreclosure

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Commercial and 
Bankruptcy
Litigation

State Federal &
Bankruptcy Court

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Bankruptcy & Debt Relief For
Individuals and Businesses

Chapters 7, 11 and 13

Find Out
More

Foreclosure Defense &
Mortgage Litigation

Saving Homes Fighting Banks

Find Out
More

Loan Modifications

Preventing Foreclosure

Find Out
More

Commercial and Bankruptcy
Litigation

State Federal &
Bankruptcy Court

Find Out
More

Do Married Couples Have to File for Bankruptcy Together?

| Apr 19, 2018 | Divorce And Bankruptcy |

It is a common misconception that if one spouse files for bankruptcy, the other must also file.  This is not correct.  One spouse is permitted to file without the other.  However, in most cases the income of both spouse’s incomes is counted toward eligibility for a Chapter 7 bankruptcy that requires a “means test” to qualify. Furthermore, if only one spouse files bankruptcy, the non-filing spouse is still on the hook for his or her own debts as well as any joint debts.

Another common misconception is that if one spouse files for bankruptcy, the credit of the other spouse will be adversely affected by that filing.  It is not the filing of the bankruptcy or the discharge of debts that adversely affects a non-filing spouse’s credit. It is the nonpayment of joint debts and other obligations that could affect their credit. If all debts in the non-filing spouse’s names are timely paid, that spouse’s credit should not be adversely impacted by the bankruptcy of their spouse.

Getting Help
If you have any questions about whether to file with your spouse or separately, you should talk to the experienced bankruptcy attorneys at Levitt & Slafkes, P.C. who can answer your questions regarding bankruptcy issues.  Contact us today so one of our attorneys can evaluate your case and discuss the best options available to you. Call us at 973-323-2953, or contact us online to schedule a free consultation.

We are proudly designated as a debt relief agency by an act of Congress. We have proudly assisted consumers in filing for Bankruptcy relief for over 30 years.

We’ve also created a Free E-book, Bankruptcy and Divorce… Which Should Come First? Please feel free to download your copy here https://gt125-27d2a4.pages.infusionsoft.net/

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