Per Romeoville bankruptcy attorney, a husband and a wife may file a joint Chapter 13. Further, it is highly recommended that they do so in the cases where they have joint debt. I have done many cases where one party decides that they don’t want to file, even though it would make perfect sense for both parties to file under the bankruptcy code. In those situations, I strongly recommend that the two of them come into my office so that I can discuss the benefits of filing jointly.
In other situations, the debt might only be in one person’s name. In those situations, there is no reason to file a joint case because only one party needs to file a bankruptcy to pay off the debt. In certain circumstances, one party wants to remain without a bankruptcy filing to preserve their good credit and their financial integrity. Unless the debt is joint or unless there is a reason for both parties to file together, one party can simply file without the other.
Consult with an experienced bankruptcy attorney to determine whether or not you and your spouse should files together or whether or not the one spouse can file and take care of all the debt within the Chapter 13 bankruptcy case on their own.