Each of these is a common question I am asked.
First, spouses may join in Chapter 7. It is called a joint case.
Second, spouses are not required to join in Chapter 7.
SHOULD SPOUSES JOIN TOGETHER IN CHAPTER 7?
It is a good idea if each spouse has a lot of debts, especially joint debts. Discuss your situation with a qualified Chicago bankruptcy attorney for customized advice.
WHAT IF WE ARE MARRIED AND LIVING TOGETHER BUT ONLY ONE OF US FILES?
- If there are any joint debts your Chapter 7 will not discharge your spouse’s obligation.
- Do I have to list my spouse’s income? Yes.
- The Means Test requires listing all income in the household. Your spouse’s expenses can be deducted.
- As Chicago bankruptcy attorneys, it is our policy not to include a spouse’s full name or his /her social security number. It is for information gathering required by law.
CAN COUPLE WHO ARE MARRIED BUT SEPARATED FILE A JOINT CHAPTER 7?
Yes. Each spouse will have his/her own Means Test and Income and Expense Statement.
WHAT IF THERE IS A PENDING DIVORCE?
The answer is still yes. And, it is a good idea, especially if there are joint debts that can be discharged. And, if they do so it can solve some of the issues in the divorce proceeding.
Disclaimer: Blogs on legal matters are for information purposes only and is not to be construed as legal advice.
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