Filing for Bankruptcy with a Spouse

August 1, 2019 | By Steffens Law Office
Filing for Bankruptcy with a Spouse

If you are married and considering filing for Chapter 7 bankruptcy, one of the first decisions you will need to make is whether to file separately or with your spouse.

A husband and wife may file a joint case under Chapter 7.  If a joint Chapter 7 case is filed, only one set of bankruptcy forms is needed and only one filing fee is charged.  However, both husband and wife must receive the required credit counseling before the case is filed and both must complete the required financial management course after the case is filed.

Making the Decision That's Right for You

When determining if you wish to file for bankruptcy as an individual or with your spouse, factors to consider include:

  • Each person's current credit score
  • Types of dischargeable and nondischargeable debt
  • Joint assets 
  • Separate assets
  • Joint debts
  • Separate debts

At Steffens Law Office, we're committed to helping Nebraska residents make informed decisions about the best way to deal with their debt. If you have questions about the Chapter 7 bankruptcy process, contact our office to schedule a consultation. There's no charge or obligation.