Bankruptcy filings are linked to a social security number. If you file for bankruptcy protection, and your spouse does not, then his or her credit will not be effected by your bankruptcy filing.
There may be a different result if you have joint debts with your non-filing spouse. The result depends on whether you file under Chapter 7 or Chapter 13. If you file under Chapter 7 and you have joint debts with your non-filing spouse, he or she will be completely responsible for the debt you are trying to discharge. If you file under Chapter 13 and you have joint debts with your non-filing spouse, he or she will generally have no liability for the debt because you will be repaying a portion of the joint debt through your Chapter 13 Plan payments, the remaining portion not paid will be discharged at the end of your Chapter 13 case.
In the Northern District of Georgia Atlanta Division, your non-filing spouse must provide proof of income for the 6 month Means Test window. Neither your attorney nor the Court will notify your non-filing spouse's employer of your filing. As a reminder, bankruptcy filings are public record.
If you are married, but your perception of the relationship is that you are separated, then you may not have to include your non-filing spouse's income for purposes of the Means Test. Separated in the bankruptcy context is not the same as the family law context. You do not have to be legally separated to be considered separated in the bankruptcy context.
Any property that is titled or deeded to the non-filing spouse only, does not need to be disclosed in your bankruptcy petition. However, do not transfer property out of your name and into the non-filing spouse's name in anticipation of filing for bankruptcy protection. Consult with a bankruptcy attorney for purposes of developing a strategy before changing title to any of your property.
(404) 680-7010 l Van Wieren Law Firm, LLC l Atlanta Bankruptcy Attorney
