Bankruptcy: My spouse doesn’t want to file, is that okay? Yes.

One spouse may file a bankruptcy with or without their spouse. How much the the non-filing spouse (NFS) is involved, depends on the circumstances.

NFS is Living in the Home: Under this scenario, when the means test is completed, we must use both spouses’ income.  This doesn’t mean the NFS is actual a part of the case. We will not disclose to the court the NFS’s SSN or in most cases, even their name.  We simply have to disclose to the court what the income & expenses are for both.

NFS is NOT Living in the Home: Under this scenario, when completing the means test, we only include the your income. We will disclose to the court that you are married, but we will have to file a statement that your NFS is not living in the household with you.

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