I am married, can I file bankruptcy without my spouse being included?
Yes, as long as you qualify, you can file an individual bankruptcy even if you are married. If you are married and want to file and individual Chapter 7 bankruptcy case, the household income (including your spouse’s income if you live in the same home) must be considered when determining if you qualify to file a Chapter 7 bankruptcy.
However, if you and your spouse are co-debtors on many of the debts to be included in the Chapter 7 Bankruptcy, you may need to file a joint case.