Can I Declare Bankruptcy Without my Spouse?
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Can I Declare Bankruptcy Without my Spouse?

It is possible to declare either a Chapter 7 or a Chapter 13 bankruptcy without your spouse. However, if you decide to take this course, only your debt would be discharged for you. Your spouse’s debt would not be discharged and the creditors could continue to pursue legal action against your spouse. There are certain times when it makes sense for only one spouse to file. For instance, if all the debt is just in one spouse’s name. But the majority of the time, both spouse’s should expect to file for bankruptcy together. Also if you live with your spouse, you will also have to disclose all of your spouses information (i.e. income, expenses, property, etc..). Got a question about Utah bankruptcy laws? Send it in and we’ll answer it.

Craig Swapp & Associates
9980 S 300 W Suite 400, Sandy, UT 84070
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