Do both husband and wife have to file bankruptcy?

Married people can file separate bankruptcies, or one spouse can file bankruptcy alone. However, if both spouses are responsible for an obligation, and only one spouse files for bankruptcy, the other spouse will still owe the debt. The creditors will have the right to come after the non-filing spouse as if a bankruptcy had not been filed. In circumstances where parties have recently married and most of the debt is from only one of the spouses, only the spouse that owes the debt needs to file bankruptcy.

If you or your spouse has medical debts and is thinking about filing for bankruptcy, then you should make sure to file a joint case. This is because under Minnesota law, spouses can be liable for each other's medical debts. This is true even if the bill only says one of the spouses, or if the medical company didn't know you were married.

The Law Offices of Curtis K. Walker, designated a debt relief agency by an Act of Congress and the President of the
United States, has proudly assisted consumers seeking relief under the U.S. Bankruptcy Code for over 29 years.

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