Chapter 1

Chapter 2
Don’t be embarrassed, nervous or afraid

Chapter 3
What causes people to need Banruptcy Relief

Chapter 4
What is the Procedure to File Bankruptcy?

Chapter 5
When should I file bankruptcy?

Chapter 6
What do I lose if I file bankruptcy?

Chapter 7
What happens to my credit score if I file bankruptcy?

Chapter 8
What can bankruptcy do for you?

Chapter 9
What Does Bankruptcy Cost?

Chapter 10
What is the Real Price Difference Between Bankruptcy Lawyers?

Chapter 11
If I am Married, Can I File a Bankruptcy Without my Husband or Wife?

Chapter 12
Will My Employer Find Out if I File Bankruptcy?

Chapter 13
Does Chapter 7 or 13 Bankruptcy “Ruin My Credit?”

Chapter 14
If I File Bankruptcy, Can I Leave Bills or Property or Transfers Off my Bankruptcy Petition?

Chapter 15
Can I File Bankruptcy on Bills in Someone Else’s Name?

Chapter 16
How Does Filing Bankruptcy Affect My Credit Union?

Chapter 17
Can I file bankruptcy if I have co-signers?

Chapter 18
What About My Car in Bankruptcy?

Chapter 19
What Happens to My House in Bankruptcy?

Chapter 20
When Will Creditors Stop Bothering Me?

Chapter 21
Cross-Collateralization Agreements in Bankruptcy

Chapter 22
Bankruptcy and Joint Accounts with Parents

Chapter 23
When do I stop paying my creditors?

Chapter 24
Gas, cable, electric and phone bill

Chapter 25
Bankruptcy and Divorce, Alimony, & Child Support

Chapter 26
What Bankruptcy won't solve

Chapter 27
Chapter 13 Debt repayment Plans

Chapter 28
Will I be able to get credit again?

Chapter 29
Bill Consolidation Loans

Chapter 30
Bill Consolidation Scams

Chapter 31
Wage Assignments, Deductions and Levies

Chapter 32
Student Loans

Chapter 33
Can I get rid of Taxes

Chapter 34
NSF Checks, Traffic & Parking Tickets

Chapter 35
Surrendering Real Estate & Time Shares

Chapter 36
Business Bankruptcy

Chapter 37
Professional Persons

Chapter 38
Do you ever "Not Get" a Discharge?

Chapter 39
File bankruptcy for the debts of my deceased spouse or child?

Chapter 40
What if I need a Bankruptcy lawyer near me?

Chapter 41
About Geraci Law LLC and Peter Francis Geraci

CHAPTER #11 If I am Married, Can I File a Bankruptcy Without my Husband or Wife?

There are a lot of different answers so don’t expect to call us and get the right answer without a virtual or in-person consultation (which is free) with an experienced Geraci Law attorney. You will have to provide some detailed info to get a reliable answer.

Married people file jointly, or separately, or just one. You can file alone. Filing a “husband and wife” case saves you on fees and costs. But there are reasons NOT to file joint cases, and reasons you should file together

Example #1: “I have credit card debt I can’t pay and just got fired. My spouse makes $130,000 a year, but is not joint on my cards, but we have a joint checking account. I am on title to 2 properties with him but not on the mortgage. Can I file Chapter 7 and get a discharge

Answer: Probably not. Your household income is $130,000 even without you working. The Chapter 7 Trustee would object to discharge of your debt because the household income is sufficient to pay it. On top of it, you own ½ interest in real estate, and only a Chapter 13 debt repayment plan would enable you to discharge your debt and keep your property interest.

Result: When you are back to work, see us about a Chapter 13 debt repayment plan if your spouse and you can’t pay off your credit cards.

Example #2: “I just got married and have a lot of debt from before my marriage. It’s a second marriage and we keep separate accounts and have no joint property. My spouse makes $130,000 a year, and pays all the household expenses, since I only make $25,000 a year. Can I file Chapter 7?

Answer: Yes. Since there are no joint debts, accounts, or property, you are not a member of a “household” that can pay the debt, unlike Example #1 above. Depending on where you live though there are different applications of the “household rule”. You may qualify for Chapter 7, and if not, for a low Chapter 13 payment.

What to do if you are worried about your debt?

A. Please don’t call and expect an opinion on the phone. Have the courtesy to yourself of getting a half hour of free consultation with an experienced Geraci Law attorney.

B. Before you call for an appointment, talk to your spouse. It’s not like you committed a crime, you just have some debt. Your spouse may want to pay it, or may want to pay for your bankruptcy. Bad idea to try to keep it a secret.

so, there are some considerations, it depends on the facts, and there are a lot of secrets:

If you want to file a joint case, both of you must attend your first consultation. You can’t send hubby in by himself. That way you both hear the same advice.

1. If you want to file your own case separately, that is ok. But if you living in the same household, we do have to know the total household income, and if spouses are keeping separate income and expenses. But one can file without the other.

2. Wisconsin is one of 8 community property states. You can’t get rid of community debt by filing alone. But if you file alone, your creditors can’t attach community property as long as your non-filing spouse does not file. The same with a residence in Illinois or Indiana held as tenants by the entirety.

3. Many people have debts that they had before the marriage. A spouse is not liable for the other spouse's pre-marital debts.

4. Domestic support obligations, attorney fees to the other spouse in most cases, and guardian ad litem fees, and property settlement obligations, are not dischargeable in Chapter 7. In Chapter 13, domestic support obligations must be paid, and you can pay arrears ahead of other creditors. Also, in Chapter 13, property settlement obligations that cannot be discharged in Chapter 7 may be discharged. So, you need an experienced attorney if you have marital debt issues.

5. Your filing does not affect the other spouse's obligation to pay debts they are liable on. In community property states, like Wisconsin, your bankruptcy leaves your spouse with any debt incurred during the marriage, unless the spouse also files. But then your creditors can reach the other spouse’s community property, although it might be exempt.

6. If you ran up the bills during the marriage, even though your spouse did not sign for the debt, or even know about it, your creditors may be able to collect from your spouse. Many states have "family expense" laws that make one spouse responsible for the debts of another if the debts were incurred for family purposes. The theory is that each spouse owes a duty to immediate family members to support them. Food, clothing, rent, medical bills and household items can be the responsibility of the other spouse.

7. Sometimes one spouse will send the other one in, because they don't want to pay the other's bills. Then, instead of sending money to bill collectors, you can send your money to your own family. It makes for a happier marriage.

8. Sometimes you are involved in a “bust-out scheme”, where you and your spouse loaded up your cards on purpose, and now plan to get rid of the debt. That may raise objections by creditors and the U.S. Trustee, depending on the facts.

Therefore, while you may be able to file a case alone, you may have to take into consideration both your spouse's income, even if you keep your income and expenses separately, and any liability your spouse may have for your debts. You can protect your spouse from this liability by a joint filing, or, you can pay the debts that your spouse is liable for in a Chapter 13. Then, while you make the Chapter 13 payment, no creditor can bother your spouse. The same theory applies to co-signed debts.

This is one area where an experienced Geraci Law attorney is worth their weight in gold!

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