Can my wife and I file for bankruptcy jointly? 41 Answers as of June 26, 2013

My wife and I have pondered about filing for a few years now. She is about $25,000 in debit and I'm about $3,500 in debit. A lot of it is old medical bills on her part and mine is due to none payment on some old cc, cable, and some medical.

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Yes, you can file jointly.
Answer Applies to: Washington
Replied: 6/9/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Sure you can file together.
Answer Applies to: California
Replied: 8/1/2011
Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
You can file jointly, although with only $3500 in debt, you might want to just pay that off and have the wive file alone on her debt. Talk to an attorney about the options.
Answer Applies to: Michigan
Replied: 7/29/2011
Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
Yes, often there is almost no different in the charge for 1 person as a husband and wife.
Answer Applies to: Florida
Replied: 7/29/2011
Law Offices of John J. Ferry, Jr.
Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
Yes, it is not unusual for married couples to file a joint bankruptcy petition. You should sit down with a bankruptcy attorney to discuss whether it makes sense in your case.
Answer Applies to: Pennsylvania
Replied: 7/28/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    You can and should file jointly.
    Answer Applies to: California
    Replied: 7/28/2011
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    Yes, a husband and wife can file jointly. Your debt is low.
    Answer Applies to: California
    Replied: 7/28/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Yes. Any married couple can file jointly now.
    Answer Applies to: California
    Replied: 7/28/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Yes, a husband and wife are the only ones that can legally file jointly. There is a lot of controversy going on as to married persons of the same gender (gays and lesbians) who want to file jointly. Recently the bankruptcy court in Los Angeles ruled that gays and lesbians who are legally married under state law can also file jointly as husband and wife (although technically federal law does not recognize marriage between persons of the same gender). There are benefits of filing jointly because you do not have to file two cases so only one attorney's fee and one court filing only. If the bills are over four years old then the creditors might not be able to collect from you anymore because of the statute of limitations. You should investigate whether the debts you have are still legally valid.
    Answer Applies to: California
    Replied: 7/28/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    Generally married couples have the option to file a joint or separate bankruptcy petition. Being able to file for a chapter 7 bankruptcy depends upon what your income level is for both you and your wife. In order to qualify for a chapter 7 discharge, you must meet the income requirements for the state of CA, which would require you to earn less than the median income for two people in the state of CA or pass the means test. Also, generally speaking, if only one spouse files bankruptcy, the other spouse may be able to get the benefit of what's called a "community discharge", which means all community debts (debts acquired during marriage) will be discharged as to both of you, even if only one of you files for bankruptcy. Any debt acquired prior to marriage is considered separate debt, and is not debt of the community so a community discharge wouldn't help a non-filing spouse in this situation. You may want to discuss your case with a bankruptcy attorney to determine what, if any assets you have, how those would be protected in a chapter 7 bankruptcy, and what is the best strategy - to file a joint or separate petition.
    Answer Applies to: California
    Replied: 7/28/2011
    Eric J. Benzer, Attorney at Law
    Eric J. Benzer, Attorney at Law | Eric Benzer
    Yes.
    Answer Applies to: Maryland
    Replied: 7/28/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Spouses can and often should file jointly. Whether you should (whether you should, since there are cons in some cases) is a decision your lawyer will help you make.
    Answer Applies to: Georgia
    Replied: 7/28/2011
    Lewis Adams and Associates
    Lewis Adams and Associates | Lewis P. Adams
    You can file a joint petition as long as you are legally married.
    Answer Applies to: Utah
    Replied: 7/28/2011
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    Yes you can file together
    Answer Applies to: New York
    Replied: 7/28/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Yes a husband and wife can file jointly.
    Answer Applies to: California
    Replied: 7/28/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    A married couple can file a joint petition in bankruptcy thereby paying only one filing fee for both.
    Answer Applies to: California
    Replied: 7/28/2011
    Law Offices of Sheryl S. Graf
    Law Offices of Sheryl S. Graf | Sheryl S. Graf
    . 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. . Under what conditions should both spouses file under chapter 7? Both 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 nonfiling spouse, even if he or she has no income or assets. This information is general in nature and should not be construed to constitute specific legal advice nor to create an attorney/client relationship.
    Answer Applies to: California
    Replied: 7/28/2011
    Law Office of Xochitl Anita Quezada
    Law Office of Xochitl Anita Quezada | Xochitl Anita Quezada
    You both need to see an attorney who can speak in depth with you and see whether you qualify. Qualification is based on income and an attorney can run a "means test" to determine whether you qualify for a bankruptcy and which chapter.
    Answer Applies to: California
    Replied: 7/27/2011
    Law Office of Eric Ridley
    Law Office of Eric Ridley | Eric Ridley
    Yes, you can file a joint petition. However, whether a bankruptcy is appropriate depends on a lot of factors. You should have a consultation with a bankruptcy attorney.
    Answer Applies to: California
    Replied: 7/27/2011
    Law Office of Irina S. Puhachevsky
    Law Office of Irina S. Puhachevsky | Irina S. Puhachevsky
    Considering the type and amount of debt you have, your wife and you can file for bankruptcy jointly. Yet there is a variety of factors - i.e. income, property owned, etc. that would be helpful in answering this question. It is best, however, to speak to an attorney, to be able to determine the best course of action for you.
    Answer Applies to: California
    Replied: 7/28/2011
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