Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Your Husband's income will be included when calculating the means test for Chapter 7 purposes. That is all his involvement however, if his name is XXXXX XXXXX any of your debt, then there is no problem and you can file individually. However, if there is joint debt and your portion is discharged he will become solely responsible for the debt.
So whether or not you qualify for a Chapter 7 or 13 will depend on both your incomes.
You will not be able to file a Chapter 13, if you are unemployed. One of the tests to filing a Chapter 13 is you have to be employed or have sufficient income (not your Husband's) to make the confirmed payment plan.