We often encounter married clients that think that they must both file bankruptcy together. Similarly, some clients think that a spouse is responsible for the debts of the other spouse. Neither is the case. In Illinois, the Rights of Married Persons Act and the fact that Illinois is not a community-property state, ensures that you are your own person as far as debts go. Of course, if you co-sign for a loan, then you are responsible right alongside your spouse for that debt.

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Hospitals are notorious for arguing that one spouse is responsible for the debt of the other, but their arguments are largely unsuccessful. Some people would rather both file bankruptcy than deal with the hospitals.

You can file an individual bankruptcy, a joint bankruptcy, or you and your spouse may each file an individual bankruptcy. There are pros and cons to each, depending on your specific situation.