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    #1

    seperation question

    My friend is thinking about filing chapter 7 also . Her husband and her just split last month. They have tons of debt that is in both their names.

    Do they have to file jointly or can they each file ch 7 seperately? They would not qualify jointly but would seperately. Which would they be better off doing? They only down side I can see to them filing seperate is having to pay two attorney fees.
    "Don't let your wants overload your a**"
    (author unknown)
    Tags: None
    #2
    not really an answer but it depends on how is going to work out best for them they have 2 households?
    Chapter 7 07/30/2008
    341 09/17/2008
    Discharge 11/21/2008

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      #3
      Originally posted by TEW View Post
      not really an answer but it depends on how is going to work out best for them they have 2 households?
      yes wife moved in with her sister.
      "Don't let your wants overload your a**"
      (author unknown)

      Comment

        #4
        Originally posted by deadbroke99 View Post
        yes wife moved in with her sister.
        Is there a house with equity that needs to be protected? What state?

        Comment

          #5
          That is a really tough question. If they fail the means test by being together, then they'll probably have a tough go at it, and separate petitions might be the way to go.

          You asked - "Do they have to file jointly..." No. They can file separately if they want to.

          My wife and I decided to do the bankruptcy together first, then handle the divorce. But, we were under the mean together, so it made sense.

          Comment

            #6
            Originally posted by JoeBankrupt33 View Post
            That is a really tough question. If they fail the means test by being together, then they'll probably have a tough go at it, and separate petitions might be the way to go.

            You asked - "Do they have to file jointly..." No. They can file separately if they want to.

            My wife and I decided to do the bankruptcy together first, then handle the divorce. But, we were under the mean together, so it made sense.
            My soon to be ex filed alone, and i will file some time in the future. We considered filing together but due to exemptions, filing separate made more sense for us. When my ex filed he did not need to use the state homestead exemption and was able to exempt the equity in his car. When I file I will use the homestead exemption. The cost of two petitions and two attorney fees was less than what the cost would have been if my ex had to give up his car.

            It all depends on your state's exemptions, and the means test.

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