If one person files a Bankruptcy case, either Chapter 7 or Chapter 13, and receives a discharge of some or all of their debt, is their non-filing spouse protected for any joint debts discharged in the case? The answer is, unfortunately, no. Only an individual who actually files their own Bankruptcy case gets the benefits of a discharge in non-community property states like Georgia. If one spouse files a case and gets a discharge of, for example, joint credit card debt, the creditor is free to pursue the non-filing spouse for the full balance owed. If there is some doubt about whether the second spouse should also file a case, it is important that both spouses attend the initial consultation with a Bankruptcy lawyer to fully review the situation.
