My spouse wants to file bankruptcy....but I don't.....

As an Indianapolis bankruptcy attorney, I am frequently confronted with the situation where one spouse wants to file bankruptcy but the other spouse does not.  Most clients who ask me about this situation are happy to hear that they do not have to file just because their spouse wants to do so or needs to do so. 

However, the entire household's income and expenses will be taken into consideration by the Court in determining whether the filing spouse qualifies to do so as a Chapter 7 or a Chapter 13.  While one spouse may not want to file it may be necessary to do so depending on the value of your assets.  The exemptions (amount of equity in your property) almost always doubles when both spouses file jointly. 

If you are not sure if you need to file or should file with your spouse, please feel free to set up a bankruptcy consultation appointment with me (317-566-2080).  My office is on the north side of Indianapolis but I serve clients throughout the metropolitan area and beyond.  I look forward to assisting you.