Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Are you and your spouse currently living in separate households?
Thank you for your response.
Since you and your husband are maintaining separate households, and if both of you are planning on filing a Bankruptcy, it will not matter which one files a Bankruptcy first.
If your husband receives $864 per week from the VA, he will be allowed to file a Chapter 7 Bankruptcy, as he is allowed to have up to $3,873 income per month to qualify to file a Chapter 7 Bankruptcy.
However, since you and your husband are not living together, and since you are planning on filing a Bankruptcy, it will not matter if your husband files one before you do.