Question Detail: I am a married woman. Can I file bankruptcy without him and will it eliminate IRS debt? He owes about $50,000 and it reflects on me although I didn’t even work for over a year and it’s from his commission.
Answer: Yes, one spouse can file bankruptcy without the other spouse. However, some information about the non-filing spouse’s income, expenses, and debts will be needed for the filing spouse’s bankruptcy. If you file bankruptcy alone, your liability on dischargeable debts is discharged or eliminated. Keep in mind, if one of your debts is jointly owed with your spouse or there is a co-signer, then your spouse or the co-signer will still be obligated to pay. Whether you receive a discharge of your husband’s IRS debt is a complicated question. A good starting point is to look into the dischargeability of tax debts. If the bankruptcy doesn’t discharge you from the IRS debt, an experienced tax resolution attorney can help. A local attorney is recommended so you can meet face-to-face and get your phone calls answered by someone who can really help. Have a bankruptcy question? Craig Swapp & Associates Salt Lake City bankruptcy attorney would be happy to answer it. Please submit your bankruptcy question online and we’ll respond as soon as possible.