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FAQ

I Need to File Bankruptcy, is my Husband/Wife Required to do so?

Posted by Stefen K. Shamberg | Feb 25, 2023

If you are seeking Bankruptcy protection, your spouse is not required to be a co-filing party.  However, if you cohabitate, and they have an income source, they will be obligated to produce evidence of their earnings in the form of Pay Stubs, Tax Returns, W-2s and 1099s.

Further, if you have any mutual obligations, whether credit cards, loans, leases, or alternative liabilities, your decision to seek Bankruptcy protection will not shield your spouse from associated liability.  Therefore, in such circumstances either they must continue making the requisite payments on those accounts, or they may themselves become subject to collections activities. 

About the Author

Stefen K. Shamberg
Stefen K. Shamberg

Originally from the Cleveland area, Stefen was principally raised in Mansfield, Ohio.  Upon graduating from high school he attended Kent State University obtaining a Bachelor of Arts Degree, majoring in Political Science.  Interested in the legal profession from an early age, he subsequently earn...

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Shamberg & Associates is committed to answering your questions about Bankruptcy, Foreclosure Defense, Breach of Contract Defense, and Debt Settlement. So contact us today for an Initial Free Consultation at (216) 691-7800.

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