Q: I have debt from before I was marrried. Can I file bankruptcy alone? And will it mess up my husbands credit
I am a stay at home mom, I don't work and haven't for the last 2 years. He makes 29,000 a year. Do I qualify for filing?
A:
Any spouse is free to file a separate bankruptcy. However, keep in mind that your spouse's income will be included in the calculation as to whether or not you are eligible to file a Chapter 7 (vs. a Chapter 13) bankruptcy. That may end up disqualifying you from a Chapter 7, which is generally, but not always, the type of bankruptcy that individuals prefer to file. However, it would appear that the listed income of $29,000 would not be an issue.
As for his credit, in general, an individual bankruptcy filing by one spouse will not affect the other spouse’s credit rating. Note, though, that if you go to make any joint purchases or community property purchases, your credit rating will still impact the purchase.
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