If your spouse has separate debts and separate property, he or she will likely not be affected by your filing. However, creditors holding joint claims against you and your spouse may proceed to collect from either of you. Such efforts will only be stayed if your spouse files with you or if you file a Chapter 13 case.
You should be aware even if your spouse has perfect credit and all the debts are separate, you spouse’s income must be disclosed in order for the courts to determine that you qualify for a Chapter 7 case, or what your Chapter 13 payment will need to be.
