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Q:
Can my wife file bankruptcy by herself?

My wife has quite a few bills that she isn’t able to pay. I filed bankruptcy a few years ago (before we were married) and I was wondering if my new wife can file for bankruptcy by herself now that we are married or would it have to include me? Of course I know that if it has to include me then she won’t be able to file. -Shawn

Shawn,

I am not an attorney, but it is my understanding that your wife can file individually. However, jointly owned property may be affected. Also, if you are the co-borrower on any of the accounts, the creditors may continue to demand payment from you.

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