If only one spouse files bankruptcy, a very common question is:
“What happens to our joint debt—and can the creditor still go after my spouse?”

The answer depends heavily on whether the case is Chapter 7 or Chapter 13.

Chapter 7: Joint Debt Still Follows the Non-Filing Spouse

In Chapter 7:

• The filing spouse’s personal liability on dischargeable debts is wiped out (discharged).
• The non-filing spouse remains fully liable for any joint debts.

Example:
If both spouses are on a credit card account and only one spouse files Chapter 7, the creditor may still:

• bill the non-filing spouse,
• sue the non-filing spouse,
• and pursue collection against the non-filing spouse.

Key point: There is no co-debtor stay in Chapter 7.

Chapter 13: The Co-Debtor Stay Can Temporarily Protect a Non-Filing Spouse

Chapter 13 works differently because it includes the co-debtor stay under 11 U.S.C. § 1301 (for qualifying consumer debts).

That generally means:

• Creditors cannot pursue a non-filing co-debtor on consumer debt while the Chapter 13 case is active.
• This protection can help families keep stability while the repayment plan is in place.

But there are important limits:

• If the Chapter 13 case is dismissed, the co-debtor stay ends.
• If the joint debt is not paid in full through the plan, the creditor may still try to collect the remaining balance from the non-filing spouse afterward (depending on the debt and how it’s treated in the plan).
• The co-debtor stay typically applies to consumer debts (not every type of obligation).

Bottom line (good “snippet” for SEO)

• Chapter 7 protects only the filing spouse—the non-filing spouse can still be responsible for joint debt.
• Chapter 13 can temporarily protect a non-filing spouse through the co-debtor stay, but that protection is not always permanent.
• Before deciding who should file, do a joint debt + liability analysis (who signed, whose name is on the account, and what the goal is).

What Not to Do Before Filing Bankruptcy (Avoid These Common Mistakes)

If you’re considering bankruptcy, small moves can create big problems. Here are common “don’ts” that trustees and creditors look for.

1) Don’t repay family or friends right before filing

Payments to family members (and other “insiders”) may be reviewed and, in some cases, clawed back by the trustee.

2) Don’t transfer property to “protect it”

Avoid things like:

• adding someone to a deed,
• transferring a vehicle title,
• gifting assets,
• selling property for less than it’s worth.

Transfers can trigger trustee scrutiny and may create avoidable legal issues.

3) Don’t run up credit cards before you file

Large purchases, luxury spending, or cash advances shortly before filing can lead to:

• extra questions,
• creditor objections,
• or even allegations of fraud in extreme cases.

4) Don’t withdraw large amounts of cash without a clear paper trail

Unexplained cash withdrawals are a red flag because trustees will ask: Where did the money go?

5) Don’t hide assets or “forget” accounts

Bankruptcy requires full disclosure. Omissions can cause serious consequences, including dismissal or denial of discharge.

6) Don’t ignore lawsuits or garnishments

Timing matters. Waiting too long can lead to:

• judgments,
• wage garnishment,
• bank levies,
• or liens that complicate your options.