Should You File Bankruptcy With Your Spouse?

Many Georgians are facing tough economic times and are looking to bankruptcy as a solution to eliminating overwhelming debt. When considering bankruptcy, you may wonder whether you should file bankruptcy with or without your spouse. The answer relies greatly in your specific financial circumstances, so you and your spouse shoiuld consult a Georgia bankruptcy lawyer in order to determine if you should file jointly or separately or maybe not at all.

On one hand, you may wish to get rid of your joint debt all at one time. On the other hand, you may wish to keep one spouse’s credit rating intact. If one spouse is liable on most of the debt, then it may be a good idea to file bankruptcy separately for that one spouse. If this is the case, the spouse who is filing bankruptcy is still required to disclose the non-filing spouse’s income by submitting paystubs to the bankruptcy trustee.

However, no other information about the non-filing spouse is included in the bankruptcy petition, and the non-filing spouse’s credit report will not show that s/he filed bankruptcy. Further, any assets belonging to the non-filing spouse are protected, so long as the assets have always been titled in the non-filing spouse’s name. If the majority of the debt is joint between both spouses, you will want to file jointly because if only one spouse files bankruptcy, then the non-filing spouse will remain liable on all joint debt. Further, a joint filing will save you money on filing fees.

In Georgia, the Chapter 7 and 13 filing fees are the same for joint filers as they are for individual filers. If you and your spouse are considering bankruptcy and need help deciding whether to file individually or jointly, call Law Offices of Charles Clapp at 404.585.0040 or e-mail info@lawcmc.com to schedule a free consultation.

★★★★★

Charles is absolutely a brilliant attorney! He is a critical thinker and determined problem solver. He is very accessible, even via text. If he is in court, his ability to multi-task, you can feel safe and secure in knowing he is handling any issues or concerns. I entrust him with my future, he is a uniquely talented attorney who always challenges himself to achieve the absolute best outcome for his clients.

Donna

★★★★★

I was very satisfied with Mr. Clapp services. He is a man of his word and did everything he told me he would. I would highly recommend him.

Shernita

★★★★★

I came to Mr. Clapp by referral with a complicated case involving both personal and business debts that were out of control. Mr. Clapp evaluated the situation and gave me options that I was not even aware of. He knows his stuff, executed flawlessly, and I have been able to start over. I highly recommend Charles Clapp if you have debt or bankruptcy issues. Listen to his advice, he knows his stuff. I consulted with several other bankruptcy attorneys prior to retaining Mr. Clapp, and they did not have the same breadth of knowledge that Mr. Clapp brought to my case.

Scott

★★★★★

I selected Charles Clapp to handle my bankruptcy based on his already positive reviews and I am glad that I did! He was very accommodating to my schedule and made my negative life experience positive. I was actually very surprised how easy he made the process. Life happens and it’s great to be represented by someone that understand that!!! Stop your attorney search with Charles Clapp!!!

Heather