If I am married, does my spouse have to be included in the bankruptcy?
No, your spouse does not have to file bankruptcy with you. However, certain circumstances may exist that would benefit from a joint filing with your spouse such as: joint debts and notes relating to real property for mortgage strip down purposes. In addition, if you are married, your spouse’s income may be included in calculating the Current Monthly Income (CMI) even if he or she does not file with you. These issues would need to be addressed on a case by case basis. For further clarification about filing for bankruptcy while unemployed, please feel free to contact us and one of our bankruptcy lawyers in Miami will be happy to help you.
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