Q: Can my husband file for bankruptcy as an individual, or am I going to get dragged into this?

A: No, you do not have to file bankruptcy unless you wish to. If you are joint on any of the debts that your husband discharges, the creditors can still collect from you. Hope it works out. Good luck!

A: Yes, he can file without your agreement. And, yes, a spouse may be "dragged into" the bankruptcy, depending upon your definition of "dragged into", and depending also upon the situation related to income, expenses, ownership of property, and transfers of property. The degree of involuntary involvement in the case by the spouse depends on these factors. You may wish to consult with an attorney to obtain an assessment of your particular situation.

A: Yes, your husband can file an individual bankruptcy case. You do not have to file with him. While you won't be directly involved, you will be impacted. The Bankruptcy Court will want him to submit his household income and household expenses. Your income will figure into how his case is handled and whether he is eligible to file a Chapter 7 case or a Chapter 13 case. If you own property together, and he files a Chapter 7 case, there is a chance that the Chapter 7 Trustee may want to sell some of his property. His attorney will be aware of the areas where your interests may be affected, and will plan accordingly to preserve the family relationship. You may want to attend his meetings with the attorney and ask questions.

A: You will be dragged into it if you are a co-signor on any debts with him. Sometimes on a credit card you may only be an authorized user. That debt is all his. The creditor cannot come after you for that. You need to consult a bankruptcy attorney to get definite answers.

A: He can file as an individual, but your income will be a part of the Chapter 7 or Chapter 13 Means Test as that determines household income. Also if he goes bankrupt, any and all joint debts will fall on you.