Can my wife and I file for bankruptcy jointly? 39 Answers as of August 01, 2011
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.Free Case Evaluation by a Local Lawyer!
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Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Sure you can file together.
Answer Applies to: California
Replied: 8/1/2011
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 | 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. | 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 | Guillermo Machado
You can and should file jointly.
Answer Applies to: California
Replied: 7/28/2011
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 | Mark Markus
Yes. Any married couple can file jointly now.
Answer Applies to: California
Replied: 7/28/2011
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 | 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
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 P. Adams
You can file a joint petition as long as you are legally married.
Answer Applies to: Utah
Replied: 7/28/2011
Bird & VanDyke, Inc. | David VanDyke
Yes a husband and wife can file jointly.
Answer Applies to: California
Replied: 7/28/2011
Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
Yes you can file together
Answer Applies to: New York
Replied: 7/28/2011
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 | 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 L. Paul Zahn | Paul Zahn
Perhaps. It depends upon your incomes.
Answer Applies to: California
Replied: 7/28/2011
Dan Shay Law | Daniel Shay
Yes, you can file jointly since you are married.
Answer Applies to: California
Replied: 7/28/2011
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
certainly and you should
Answer Applies to: California
Replied: 7/28/2011
Bankruptcy Law Center | Bill Zurinskas
Yes, a married couple can always file bankruptcy jointly. Creditors will often try to collect from you your spouse's medical debts, so you may have a lot more than $3500 in debt.
Answer Applies to: Colorado
Replied: 7/28/2011
Law Offices of Joseph A. Mannis | Todd Mannis
You may absolutely file jointly and probably should.
Answer Applies to: California
Replied: 7/28/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Married couples can file a joint bankruptcy petition.
Answer Applies to: Indiana
Replied: 7/28/2011
Nielsen & Senior | R. Steven Chambers
Yes a husband and wife can file jointly and that is usually recommended where there are joint debts. It saves a filing fee and probably some legal fees to file jointly.
Answer Applies to: Utah
Replied: 7/28/2011
Parkes Law Group, LLC | Parkes Law Group, LLC
It sounds like you and your spouse may be perfect candidates for either Chapter 7 or Chapter 13 bankruptcy, depending on your income level and the equities in your secured assets (house, cars ,etc). Chapter 7 will allow you to walk away from all unsecured debts within as little time as four months. Chapter 13, on the other hand, will require you to submit a repayment plan to the court.
Answer Applies to: Colorado
Replied: 7/28/2011
The Schreiber Law Firm | Jeffrey D. Schreiber
Yes, a husband and wife can file a joint petition.
Answer Applies to: California
Replied: 7/27/2011
Symmes Law Group, PLLC | Richard James Symmes
Yes, in fact it is advisable that you both file bankruptcy together with a joint petition, especially if you are in community property state such as Washington.
Answer Applies to: Washington
Replied: 7/27/2011
Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
Yes.
Answer Applies to: California
Replied: 7/27/2011
Uriarte & Wood, Attorneys at Law | Robert G. Uriarte
You can file.what chapter you file under will depend on the joint income you make and the total amount of secured and unsecured debt you have.
Answer Applies to: California
Replied: 7/27/2011
Selleck Legal, PLLC | Stacey Selleck
You are able to file jointly if you qualify to file for bankruptcy. You need to determine what chapter you qualify for.
Answer Applies to: Michigan
Replied: 7/27/2011
Law Office of Bobby Yaghoubian | Bobby Yaghoubian
On the face of your question, you and your wife may be eligible to file. Of course, more information is needed such as your household income, household size, and other debts. Please contact an attorney for a full consultation.
Answer Applies to: California
Replied: 7/28/2011
Eranthe Law Firm | Cate Eranthe
Yes. You can file jointly for a single filing fee. You each must take the pre filing credit counseling course and the post filing financial management course.
Answer Applies to: California
Replied: 7/27/2011
Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
Yes. This is standard practice in bankruptcy court.
Answer Applies to: Oregon
Replied: 7/27/2011
Braunstein Wisehart LLC | Jacob Braunstein
Yes, a husband and wife can file jointly for bankruptcy protection. Filing jointly will allow each spouse to discharge his or her unsecured debt.
Answer Applies to: Oregon
Replied: 7/27/2011
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 | 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
The Law Office of Marvin Wolf | Marvin Wolf
A husband and wife may file a joint petition together. Disclaimer: Legal information, not advice. Federal debt relief agent and attorney.
Answer Applies to: New Jersey
Replied: 7/28/2011
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
