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dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5142
Experience:  37 plus years of experience specializing in bankruptcy law
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A husband and wife live together. The husband has a mortgage

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A husband and wife live together. The husband has a mortgage in his name for the residence the couple live in. The husband wants to file a non-joint Chapter 13 just in his name to save the home from foreclosure. The wife wants to file a separate non-joint Chapter 7 just in her name for her debts. Can a married couple living in the same household file two separate bankruptcies like this at the same time?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  dylatess replied 4 years ago.
Over 33 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions. Absolutely. But note that even though they are separate bankruptcies filed for different reasons, the bankruptcy law does require that each petition list both spouses' income. As a result, in the chapter 7 petition, both spouses may earn too much money together to qualify for a chapter 7. However, since fhe chapter 13 is being filed to save the home, and I assume there will be a plan filed to provide how the mortgage arrearages will be paid, the combined income of the husbnd and wife will not be an issue.

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