Can my wife file for BK on her own?  She has about 80k in credit card debt.  We are together on a couple of other credit cards and our house mortgage. What is the effect on me…if any?  She has no income - I am the source of all household income.
–Gary

Jonathan Ginsberg responds:  Yes, your wife can file an individual bankruptcy.  She would need to schedule all debt, including the joint credit card debt.  With regard to the joint credit card debt, her obligation would be extinguished but you would remain liable for the full balance.

Her individual bankruptcy would not negatively impact your credit, although, as noted above, you would most likely get a collection letter from the joint credit card issuer since you would remain obligated.

You did not say how much you earn but your income would also be relevant to the median income/means test.  If your household income exceeds the median income for the state, then Chapter 7 might not be an option.  Your wife could file a Chapter 13 using your income as her source of "regular income" if you did not qualify for a Chapter 7.

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