Can I File Bankruptcy in Georgia Without my Spouse? Do I Need a Bankruptcy Lawyer?

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. When you are unsure as to whether or not your spouse needs to be looped into your bankruptcy filing, don’t hesitate to ask a bankruptcy lawyer for help.

How Will Filing Bankruptcy Affect my Spouse? Will a Bankruptcy Lawyer Keep It Confidential?

Filing bankruptcy in Georgia should not really affect your spouse significantly, as the filing will be under your name and social security number only. There are a few things a bankruptcy lawyer can advise on as well, including:

  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 with a deeply knowledgable bankruptcy attorney.

CMC Law Bankruptcy Lawyer Atlanta


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.



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.



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.



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