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Filing Considerations for Married Couples

If you are married and considering Chapter 7 or Chapter 13 bankruptcy, you have additional issues to think about. To start, you'll have to decide which option works best for you: filing a joint bankruptcy or an individual bankruptcy petition. For most couples, joint bankruptcy will protect more of your property and discharge more debts. But not always. And if you are divorcing or already divorced, you should know how bankruptcy will affect things like child support and debts you both cosigned.

Below you'll find articles explaining how a joint bankruptcy works, considerations to determine which type of bankruptcy is better for you and your spouse (joint or individual),  and what happens if you are part of a same-sex married couple.

Learn what happens to debts and property when you file Chapter 7 bankruptcy without your spouse.

Married couples can file a joint bankruptcy, but sometimes, one spouse should file alone. Learn more about filing for bankruptcy as a married couple and whether both spouses must file for bankruptcy together.

If you file for bankruptcy without your spouse, you still must include your spouse's income on your bankruptcy forms.

Filing for bankruptcy without your spouse might be a good option if you have lots of debts and you'd like to preserve your spouse's credit.

Is bankruptcy the right solution for your overwhelming debts? Pick the best strategies for your situation with the information and practical suggestions in this book by best-selling author Stephen Elias.

The reliable, up-to-date information in this best-selling book will help you successfully complete your bankruptcy claim without breaking the bank.

This comprehensive guide explains the Chapter 13 process, from start to finish.

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Our editors have over 100 years of combined experience practicing law. These professionals have worked in a wide range of legal areas, from estate planning to criminal law to business formation and beyond. They’re experts at explaining complicated legal issues in easy-to-understand terms.

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