Q: My husband and I have our finances separate. We file jointly for taxes. Can I file individual bankruptcy.
We file jointly because of a nuance in student fedloans that prevents us from filing separately. I am completely broke and have accounts closing out.
I need to file, we have no joint assets- the only joint thing we have is our taxes. I fear that because our taxes are joint that it may prevent bankruptcy from being approved.
A: You can file bankruptcy without your husband, whether you file taxes jointly or separately. However, if your debts are primarily consumer debts, and you are married and living together, his income is counted in the "means test" that determines if you qualify for chapter 7 or the minimum plan payment amount if you file for chapter 13. Consult an experienced bankruptcy lawyer in your area.
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