May a husband and wife file jointly under chapter 7?
Yes. A husband and wife may file a joint petition under chapter 7. If a joint petition is filed, only one set of bankruptcy forms is needed and only one filing fee is charged. Top • Under what conditions should both spouses file under Chapter 7? A husband and wife should file jointly if one or more substantial dischargeable debts are owed by both spouses. If both spouses are liable for a substantial debt and only one spouse files under chapter 7, the creditor may later attempt to collect the debt from the non-filing spouse, even if he/she has no income or assets. A discharge of a debt for one spouse does not discharge the debt for a non-filing spouse or any other co-signor or guarantor of the debt. Top • When should a Chapter 7 case be filed? The answer depends on the status of the debtor’s dischargeable debts, the nature and status of the debtor’s nonexempt assets, and the actions taken or threatened to be taken by the debtor’s creditors.
