May a husband and wife file jointly under chapter 13?
A husband and wife may file jointly under chapter 13 if each of them meets the requirements listed in the answer to Question 18 above. Only one of them need have regular income and their combined debts must meet the debt limitations. Top • When should a husband and wife file jointly under Chapter 13? If both spouses are liable for any significant debts, they should file jointly under chapter 13, even if only one of them has income. Also, if both of them have regular income, they should file jointly. Top • May a self-employed person file under Chapter 13? Yes. A self-employed person meeting the eligibility requirements listed in the answer to Question 18 above may file under chapter 13. A debtor engaged in business may continue to operate the business during the chapter 13 case. Top • May a Chapter 7 case be converted to Chapter 13? A pending chapter 7 case may be converted to chapter 13 at any time at the request of the debtor, if the case has not been previously converted to chapter 7
Yes. And if the debts owed by the married couple are primarily joint debts, this probably is the best way to proceed. There are times when a joint filing is not advisable. You should speak with your attorney if you have any questions regarding this. However, even if one spouse files, you will have to include his or her income in determining the monthly repayment amount. (You can also include your spouse’s separate expenses, which will minimize the impact, if any, that including your spouses income will have on your filing. (top) What is the process? The process begins with a call to the attorney’s office to schedule an interview with the attorney. The initial consultation takes only about a half an hour, during which we cover the essentials of bankruptcy law and apply them to your particular situation. You do not have to bring anything to the interview, except perhaps a brief listing of your creditors and how much you owe them. You will have a good idea at the end of that interview of
