Can a person in Alabama file for bankruptcy alone if they are married?

Ashville, AL—Individuals in Alabama have the option of filing for bankruptcy independently or jointly with their spouses. They will want to consider whose name the debt is in, however, as filing for bankruptcy could impact both individuals.

Reasons to file for bankruptcy jointly

If a married couple has joint debts and one person files for bankruptcy, the creditor may still be able to pursue the other party for the unpaid debt. When a person files for bankruptcy, they are the only ones who are afforded protection. This means if they leave their spouse off the bankruptcy filing forms, their spouse is not entitled to bankruptcy protection.

With that said, if a couple has a considerable amount in joint debt, they might want to consider filing together so that the debt can be fully discharged so as long as it isn’t considered an exempt debt. Deciding whether to file for bankruptcy alone or with a spouse is a difficult decision to make, and therefore, individuals are encouraged to consult with an Ashville, AL bankruptcy lawyer so they can outline the benefits of each.

When to file for bankruptcy alone

If an individual’s debt is only in their name, they might consider filing for bankruptcy alone. The same would apply if their spouse’s debts are not dischargeable. If a person’s debts are mostly comprised of those that do not qualify for discharge, it may not benefit them to file for bankruptcy. Debts that typically cannot be discharged include certain types of “student loans, domestic support obligations, child support and alimony, and some taxes.”¹

Consult with an Ashville, AL bankruptcy attorney today

Before an individual assumes they should file for bankruptcy alone or that they qualify, they are encouraged to contact Hill, Gossett, Kemp & Hufford, P.C. to speak with an Ashville bankruptcy lawyer. An attorney at Hill, Gossett, Kemp & Hufford, P.C. would be happy to review their circumstances and decide what type of bankruptcy they should file for and if they should do it alone.

If an individual or couple would like to schedule a time to speak with an experienced Ashville, AL bankruptcy lawyer, they can contact Hill, Gossett, Kemp & Hufford, P.C. at one of their office locations listed down below.

Disclaimer: No representation is made that quality of legal services provided is greater than the quality of legal services provided by other attorneys.

Hill, Gossett, Kemp & Hufford, P.C. can be reached at:

Moody Office

2603 Moody Parkway, Suite 200

Moody, Alabama 35004

Phone: (205) 640-2000

Website: www.hwhlawgroup.com

Leeds Office

7900 Parkway Drive

Leeds, AL 35094

Phone: (205) 699-5500

Springville Office

6441 U.S. Highway 11