Can I File Bankruptcy If My Spouse Doesn’t Want To?

Yes. Filing for bankruptcy is an individual decision and you can file without including your spouse in the case. Your spouse will still be required to provide some information for the preparation and filing of the bankruptcy petition, particularly surrounding their income and expenses, as all household income must be accounted for in the Current Monthly Income Analysis and the income side of the budget in the bankruptcy petition. With that information, an individual is free to file for any chapter of bankruptcy that they are eligible for without their spouses participation.

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