Can I File Bankruptcy in Chattanooga Without My Spouse?
Can I File Bankruptcy in Chattanooga Without My Spouse?
If you are considering bankruptcy in Chattanooga but want to file without involving your spouse, you are not alone. Many married individuals wonder whether they can seek financial relief independently—especially when only one spouse is responsible for the debt. The good news: in many situations, you can file for bankruptcy in Tennessee without your spouse. However, doing so comes with important considerations that may affect your household financially.
At Kenneth C. Rannick P.C., we assist individuals throughout Chattanooga in understanding their bankruptcy options and making informed decisions that protect their future.
Can You File Bankruptcy Alone While Married?
Yes. Tennessee law allows one spouse to file bankruptcy individually. This is known as a "single-filer bankruptcy." Your spouse is not required to file with you, nor does your filing automatically affect their credit.
However, bankruptcy courts consider your overall household financial picture. This means that even if your spouse is not filing, their income may still be relevant.
How Household Income Affects Your Case
When filing Chapter 7 or Chapter 13, you must complete the "means test," which reviews your household income to determine eligibility.
Even when filing alone, the court typically requires disclosure of:
- Your spouse’s income
- Household expenses
- Shared assets
If your spouse contributes significantly to household expenses, the court may apply a “marital adjustment,” allowing you to subtract amounts your spouse spends on their own separate obligations.
What Happens to Your Spouse’s Credit?
If the debts are solely in your name, your spouse’s credit should not be affected by your bankruptcy filing.
However, your bankruptcy can impact your spouse if:
- They are a co-signer on any loans
- You have joint credit cards or lines of credit
- You share jointly owned property that creditors could reach
If any debt is jointly held, your spouse may still be responsible for the balance even after your bankruptcy discharge.
How Filing Alone Differs in Chapter 7 vs. Chapter 13
Chapter 7
- Allows discharge of many unsecured debts
- Marital income might affect eligibility
- Joint property may be subject to review
Chapter 13
- Establishes a structured repayment plan
- Household income affects the payment amount
- May protect jointly owned assets more effectively
Many married individuals choose Chapter 13 if they want to preserve marital property or shield a non-filing spouse from potential financial complications.
When Filing Alone May Be Beneficial
You may prefer to file individually if:
- Most debts are in your name only
- Your spouse has strong credit you want to protect
- You plan to qualify for bankruptcy without their income
- Your spouse does not want to be part of the court process
A single filing helps you find relief while keeping your spouse outside the legal proceeding.
Speak With a Chattanooga Bankruptcy Attorney
Bankruptcy laws are detailed, and the impact on married households can be complex. At Kenneth C. Rannick P.C., we help Chattanooga residents understand whether filing alone or jointly is the right choice for them.











