Does filing bankruptcy have to be done by both husband and wife?
A husband or a wife can file, without the other if the situation warrants only one person filing. A typical situation is when either the wife or husband is the only person responsible for the debt. However, bankruptcy court requires both parties income and expenses in analyzing a debtor’s ability to qualify for Chapter 7 or Chapter 13. Also, if there is joint debt, the person who does not file still will be legally responsible for the debt.
A. No. Nevertheless, in most instances the husband and wife will file a joint case if they both have debt. A situation where a joint case would not be warranted is where one of the spouses has little or no debt. However, even where one spouse files without the other, the bankruptcy laws require that both spouses’ income and expenses be analyzed for purposes of determining whether you qualify for Chapter 7 or Chapter 13. Also, the bankruptcy filing only protects and discharges the debt to the person filing the case. So if there is a joint debt, the spouse who does not file, is still legally responsible to pay the debt.
