Under what conditions should a husband and wife both file under Chapter 7?
Both husband and wife should file a joint petition if some of the debts to be discharged are owed by both spouses. If both spouses are liable for some of the debts and if only one spouse files Chapter 7, the creditors often try to coerce the non filing spouse into paying the debts, even if he or she has no income or assets.
Both husband and wife should file if some of the debts to be discharged are owed by both spouses. If both spouses are liable for some of the debts and if only one spouse files under Chapter 7, the creditors often try to coerce the nonfiling spouse into paying the debts, even if he or she has no income or assets.
• What happens if one spouse files for bankruptcy and not the other? • Does a divorce judgment protect a person from creditors if his ex-spouse files for bankruptcy? 1. Can a debtor file by themselves even if he is married? Yes, but your spouse will still be liable for any joint debts. If you file together you will be able to double your exemptions. In some cases where only one spouse has debts, or one spouse has debts that are not dischargeable then it might be advisable to have only one spouse file. If the spouses have joint debts, then the fact that one spouse has discharged the debt may appear on the other spouses credit report. 2. Does my spouse and I have to file a joint bankruptcy case? No! The decision to file individually or together depends on your situation. For instance If only one partner owns all or most of the debt then only that person should file. If both partners owe the debt, and want to file a Chapter 7 then both should file. If you are trying to stop a foreclosure,
