How Does Bankruptcy Affect Your Spouse? Including Their Income and Expenses on Bankruptcy Forms

Written By: Attorney Robert Stiberman | Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy Updated April 19, 2023

Bankruptcy is a legal process that allows individuals or businesses facing financial difficulties to discharge their debts or restructure them under the court’s protection. It offers a fresh start for those who find themselves in overwhelming debt. But how does bankruptcy affect your spouse, and do you need to include their income and expenses on your bankruptcy forms? Let’s find out.

Types of Bankruptcy

There are two common types of bankruptcy for individuals: Chapter 7 and Chapter 13. Chapter 7, also known as liquidation bankruptcy, involves selling the debtor’s non-exempt assets to pay off creditors. On the other hand, Chapter 13, often called reorganization bankruptcy, allows the debtor to create a repayment plan to pay back their debts over 3-5 years.

The Role of a Spouse in Bankruptcy

In many cases, spouses share financial responsibilities and assets. When one spouse files for bankruptcy, it can directly impact the other spouse’s financial situation. Therefore, it’s crucial to understand the role of a spouse in bankruptcy and how it affects their income and expenses.

Including Your Spouse’s Income and Expenses

When to Include Your Spouse’s Income and Expenses

If you are married and share the same household, you must include your spouse’s income in your bankruptcy filing, even if you are filing individually. It is a misconception that individual filers do not need to include information about the non-filing spouse. This is because the court considers the total household income when determining your eligibility for Chapter 7  bankruptcy and the repayment plan in a Chapter 13 case.

How to Include Your Spouse’s Income and Expenses

You will report their information alongside your own if you need to include your spouse’s income and expenses on your bankruptcy forms. For instance, you will include their income on the “Current Monthly Income – Schedule I” form and their expenses on the “Schedule J: Your Expenses” form. It’s essential to provide accurate and complete information to avoid legal issues or delays in your case.

Legal Consequences of Excluding Spouse’s Information

Intentionally excluding your spouse’s income and expenses on your bankruptcy forms when required to do so can result in severe consequences. These may include dismissing your bankruptcy case, denying debt discharge, fines, or even criminal charges for bankruptcy fraud. To avoid these potential issues, consult a qualified bankruptcy attorney to ensure you accurately report all necessary information.

Conclusion

In conclusion, whether you need to include your spouse’s income and expenses on your bankruptcy forms depends on your situation. To make the best decision for your unique circumstances, consult a bankruptcy attorney who can guide you through the process and ensure you accurately report all necessary information.

Frequently Asked Questions

1. Is my spouse responsible for my debts if I file for individual bankruptcy?

In most cases, your spouse is not responsible for your individual debts. 

2. Can I file for individual bankruptcy if my spouse has already filed for bankruptcy?

You can file for individual bankruptcy even if your spouse has already filed. However, you should consult a bankruptcy attorney to determine the best course of action for your situation.

3. How will filing for bankruptcy affect my spouse’s credit?

If you file for individual bankruptcy, it generally will not impact your spouse’s credit. However, your credit scores will be affected if you file for joint bankruptcy.

4. What happens to joint debts if I file for individual bankruptcy?

In individual bankruptcy, your responsibility for joint debts may be discharged, but your spouse may still be responsible for repaying them.

5. Do I need a bankruptcy attorney to file for bankruptcy?

While it is not required to have an attorney, it is highly recommended. A bankruptcy attorney can help you navigate the complex legal process, accurately report all necessary information, and advise you on the best course of action for your situation.

Personalized Bankruptcy Representation for Individuals in Florida

Robert Stiberman is a highly experienced bankruptcy attorney who specializes in representing individuals in Florida. With over 15 years of experience, he has helped numerous clients successfully navigate bankruptcy and emerge with a fresh financial start.

Robert understands that filing for bankruptcy can be a stressful and overwhelming process. That’s why he works closely with each of his clients to provide personalized guidance and representation every step of the way. He takes the time to listen to their concerns, explain their options, and develop a customized strategy to achieve their financial goals.

Whether his clients are facing overwhelming debt, foreclosure, or other financial challenges, Robert has the knowledge and expertise to help them find relief. He has successfully represented clients in a wide range of bankruptcy cases, including Chapter 7 and Chapter 13 bankruptcy.

Beyond his legal skills, Robert is known for his compassionate and supportive approach to his clients. He understands the emotional toll that financial difficulties can take on individuals and families, and he is committed to providing a compassionate and non-judgmental environment where clients feel comfortable discussing their concerns and asking questions.

If you’re struggling with debt and considering bankruptcy, don’t hesitate to contact Robert Stiberman for a consultation. With his extensive experience and personalized approach, he can help you take control of your finances and achieve a fresh financial start.

Written By:

Attorney Robert Stiberman

Robert is an experienced bankruptcy attorney adept at handling Chapter 7, 13, and 11 filings, with more than 15 years of experience in bankruptcy cases. Robert represents clients in both consumer and business bankruptcy ... Read More