Does my spouse and I have to file a joint bankruptcy case?
Under the Bankruptcy Code, married couples are permitted to file one petition in the bankruptcy court. However, sometimes due to the married couple’s financial circumstances, filing bankruptcy may be a better debt relief option for only one spouse. But, the non-filing spouse’s income will be calculated in the means test as household income. Often, bankruptcy attorneys will conduct a free consultation with both spouses to make certain that each spouse understands the legal effects of filing bankruptcy when only one spouse is interested in obtaining debt relief from the bankruptcy court.
It depends on the situation. The person who has owed the maximum loan can file the bankruptcy. For example if your spouse has owed maximum loan then he should file the case of bankruptcy. If the loan amount of both is equal then you both should claim for the Chapter 7 Bankruptcy.
