As a general rule, the answer is no. If your spouse does not file the bankruptcy court has no jurisdiction over your spouse. However, for you to be eligible for bankruptcy relief, you are required to provide certain information, such as your household income. The trustee needs to be satisfied that you are not subsidizing your spouse’s lifestyle at the expense of your creditors and that your spouse is contributing his or her fair share to the household expenses. The various factors one looks at and how one might address issues can depend a lot on the circumstances and should be evaluated by an experienced bankruptcy attorney. As regards one’s credit rating, your filing has nothing to do with your spouse’s credit.
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