Filing Chapter 13 when married question?

[Mark80]

I called around to speak with attorneys and one place told me I "must" come in with my wife when filing Chapter 13. This was for the free consultation. I was wondering if I could file Chapter 13 solo and it not go on my wifes credit. All accounts and problems are under my name only. The only thing that has her name on it is the house and that is going to be paid as is. She doesn't work and is a student. Its tough with kids to drag them into a meeting expecially on my lunch break at work. Was this just so she could get answers to or are you forced to file Chapter 13 with your wife being apart of it. She filed Chapter 7 before we got married because of a ton of crap left over from a messy divorce. (I made her) Wondering if that will stop me from being able to, its been about 5 years since she filed.

Thank you!

[woeisme]

You wife is not required to be on your CH 13 filing with you, can be in your name alone. However, your total household income and debts will be used in the calculations to determine your payments, so your wife needs to be part of the process, providing information for the lawyer to do the paperwork, even though she won't be named on the filing. Your wife will also need to be involved in that your total household disposable income will go towards the trustee payment, so she needs to understand the budget and be a willing partner on making the Chapter 13 payments (or rather the other household payments that you won't be able to make because so much of your income is going to the trustee) or else the CH 13 won't work for you. Good luck!

[Mark80]

Ok so she has no bearing on me filing outside of being educated on the process. She is a student and stay at home mom atm so no income.