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If I am married and I want to file bankruptcy, does my spouse have to file with me?

If I am married, does my spouse have to file bankruptcy with me if I decide to file?


No, if you are married, you can file bankruptcy alone without having to include your spouse. Even more interesting, your spouse can later file bankruptcy on his/her own while your case is still active. If you do want to file bankruptcy and you want to include your spouse, then yes, you can file a joint case. Under Section 302 of the Bankruptcy Code, a joint case is two separate cases administered together for efficiency. All the above apply to whether it is a filing under Chapter 7 or Chapter 13 of the bankruptcy code. Finally, there is also a possibility that two separate cases can be combined into one after they have been filed separately.


For more information on joint or individual bankruptcy filing in Houston, contact a Houston bankruptcy attorney at the Rashid Law Firm by dialing 832-209-8833 for a free, friendly, no-obligation consultation.




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