Married people are permitted to file individual bankruptcies. It is not necessary to have your spouse join in your bankruptcy when you file. However, if most of the debt in a consumer’s household is joint or if the couple has been married for a very long period of time, it may make more sense to file a joint case. And this is true even if all of the bills have been in one spouses name for a long time. The court looks at the overall circumstances of the consumer’s situation and makes a determination as to whether or not an individual spouse filing without the other spouse is a good-faith filing in bankruptcy. If the filing is in good faith then the court can approve it. However if the filing is not in good faith – then the court will dismiss the case.
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