Can married people file bankruptcy jointly?
Married debtors can file a joint bankruptcy petition for a single filing fee, and most attorneys charge the same legal fee for joint cases as they do for individual cases. Married couples who are jointly liable on most debts should file a joint bankruptcy. On the other hand, if only one spouse is liable on most of the debts, the indebted spouse may file an individual bankruptcy, and in most cases, the individual debtor’s bankruptcy will have no adverse effect on the non-filing spouse.
Married debtors can file a joint bankruptcy petition for a single filing fee, and most attorneys charge the same legal fee for joint cases as they do for individual cases. In Arizona, if only one spouse files, all the community property becomes a part of the bankruptcy estate along with all the filing spouse’s separate property; however, the separate property of the non-filing spouse is not part of the estate and not subject to liquidation by the trustee. In Arizona, if only one spouse files, the filing spouse may “double-up” on the exemptions for the community property just as if the other spouse would have a right to do if they filed a joint petition. In the event only one spouse files, the non-filing spouse effectively receives the benefit of a discharge for any debts against the community property. For a comprehensive look at the issues surrounding creditors’ claims against the community where only one spouse files see A major issue if only one spouse files would likely be the amou
