Yes it is possible for one spouse to file bankruptcy and the other not to file. This may beneficial in some cases, such as when the bulk of the debt is in one spouse’s name only. Be advised, however, that if the non-filing spouse is a co-debtor on a secured debt, the non-filing spouse will still be liable for such debt. Also, the spouse’s income must be disclosed and considered in the bankruptcy. Deciding if both spouses or just one spouse should file bankruptcy involves an in-depth legal analysis and should not be taken lightly. A Jacksonville bankruptcy attorney can advise you if filing with one spouse only is the best legal strategy for you.
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