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In general, the filing of bankruptcy by one spouse will not affect

the other spouse's financial situation. A debt is created by contract

between a debtor and a creditor - each debtor must sign the contract to

be liable for payment. Therefore, the bankruptcy of one spouse does

not cause the other to become bankrupt.

Debts where spouses are joint and severally liable for payment will

remain with the spouse who has not filed for bankruptcy. Under Chapter

7 bankruptcy, where one spouse's debts are wiped clean, the creditor

can go after the other spouse. However, a major advantage of Chapter

13 bankruptcy, where the debtor plans to re-pay her debts, is that the

creditor will leave the co-debtor alone, as long as bankruptcy plan

payments are timely deposited.

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Q: Can only one spouse file bankruptcy when the other one owns the cars and house?
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