Can I file bankrupcy in California as a single person although I am married?

Question

Married but want to file bankrupcy for myself and not include my husband. Is this possible? Will all the debt be left on him? Can I file chapter 7 if I am married with a job?

Answer 1

You can file individual bankruptcy even if you are married; you do have to indicate that you are married in the paperwork you file with the court.  Your husband does not have to file with you.  Be warned that if you have any joint debt, he will still be liable on it if you file - a bankruptcy discharge is personal.  Your personal liability on the debt is wiped out.  The debt remains, and anyone else liable on the debt will remain liable.

You can file a Chapter 7 if you're employed, but your husband's income will also be considered in calculating the means test, which is the average of the last six months of income for your household compared to the IRS standard for the household size in your county.

Consult with a bankruptcy attorney.

Answer 2

It will depend on whether the debts you plan to file were incurred before or during the marriage.  Anything incurred during the marriage that you include in bankruptcy will now become his debt to pay.