Question regarding marriage

[ChaserRu]

I have a question.

There is a situation in which a husband and wife are married, own a personal residence in which the loan is only in husbands name and both are on title.

Also own a small commercial building, with loan/title only in wifes name.

They own an investment property, free and clear, only in the husbands name.

An employee is filing a fradulent workers comp claim, and may end up winning and they may owe upwards of $50-$80k to this worker. It is a completely bogus claim, but you all know how that goes. I would feel bad if the claim were legitimate, but the employee has filed workers comp on the same arm in the past to try and get money, and has succeeded before.

The wife is self employed, taxes show making under $30k/yr.

Husband works a W-2 job and makes over $50k/yr.

The workers comp may only go against the wife, as the business and everything is only in her name.

My question, is, is it possible for the wife to file bankruptcy seperately to eliminate this judgement? Or is it something that attaches to both husband and wife?

Also, is it possible for both the husband and wife to file bankruptcy together with their combined income?

Also, do you all know how interest works on a judgement like this? If the employee wins, will 10% interest accrue on the $50-$80k after the court case?

Lastly, if a chapter 13 is filed, does this eliminate further interest from accruing?

Thanks

[kiddles]

WIfe needs to consult an attorney. Worker's comp is paid from a state run fund in most cases, that employers pay into per employee, not directly from employer. Sounds like there may be more to this situation.

[ChaserRu]

You are correct. Workers comp had lapsed for a month and it was in that period that this case was filed. The employees all had family health care coverage paid for by the employer, but there was no workers comp.

Thanks