Can I File Bankruptcy without My Spouse in Arizona?

Just because two people are married, that doesn’t mean they share their finances. Some couples maintain separate bank accounts. Other times, spouses keep at least one account separate that their wife or husband doesn’t know about. There’s nothing wrong with this. It only becomes a problem when one spouse falls into debt and the other doesn’t. Arizona bankruptcy attorneys file single petitions. It just comes down to what is best for your family.

Before you decide whether you want to file on your own or with your spouse, talk to an Arizona bankruptcy attorney. They can look at your joint debts as well as your single debts. If it looks like only one of you is in debt, then it may make sense for one of you to file. However, you won’t be able to discharge joint debts unless you both file. It’s a good idea to call and talk to an experienced lawyer now before you get further in debt.

Does it Matter Which Chapter You File?

When it comes to filing bankruptcy, it does matter which chapter you file. A chapter 7 bankruptcy discharges any of the debts listed on your petition. A chapter 13 allows you to repay your debt over a certain period of time. If you’re considering filing a chapter 13, then your spouse may very well have to file with you. It comes down to whether your debts are joint or not. This may sound terrible, but the banks have to protect themselves. They aren’t going to let John Smith file bankruptcy and get rid of a bunch of debt in Joan Smith’s name. They would rather force both parties to file or force the second party to pay the debt back in full.

What if Your Spouse Refuses to File Bankruptcy?

Sometimes, one spouse is looking to file bankruptcy and the other refuses. You could be in the midst of filing for divorce. Or maybe the two of you are separated and live totally distinct lives. If this is the case, it could make your bankruptcy very confusing. Your Arizona bankruptcy attorney would have to look at your files before they make any recommendations. It really depends on the type of debt you share.

Arizona Bankruptcy Attorneys File Single Petitions All the Time

If you do decide to file a single petition, that’s okay. It doesn’t hurt your credit any worse if you file by yourself. If you owe a lot of debt and your spouse doesn’t then it doesn’t make sense for both of you to file. Let your Arizona bankruptcy attorney review your file and help you decide what options to consider. The courts are used to getting these petitions. If the court feels that it needs to be a joint petition, that is something you’ll have to discuss with your attorney.

Talk to a Skilled Arizona Bankruptcy Attorney Sooner Rather than Later

The bottom line is this – if you in over your head with debt, bankruptcy may be your best option. The only way to find out is to talk to an experienced Arizona bankruptcy attorney. They’ll look at your debts and income and let you know what they think. If they believe you can avoid bankruptcy, they’ll tell you. Your attorney doesn’t encourage people to file bankruptcy unless it’s in their best interest. It’s a big decision to make. You want to take the time to decide what’s best for you. You just don’t want to take too long. Call today and set up your consultation with our office.