Chester County Joint Bankruptcy

An individual or his/her spouse in Chester County may file a joint petition under Chapter 7, pursuant to 11 U.S.C. 302(a).  Only a husband and wife may file a joint petition under Chapter 7.  However, an unmarried couple may not file a joint petition even if they are jointly liable for all or most of the debts, own property together, and live as husband and wife in every respect other than being lawfully married (a bit frustrating, I know).  

The filing fee for a joint petition is the same as a single petition.   Both parties, if filing, must complete the credit counseling requirement and must sign the petition.  Rule 1015(b) will normally establish that the parties court appearances will be scheduled for the same time and the same trustee will be appointed for both estates.  

Other Issues in Joint Bankruptcy

The general rule is that if both spouses are liable for one or more significant dischargeable debts, they should normally file a joint petition.  If it is difficult to determine whether one or both spouses are liable for a significant dischargeable debt, the best practice is to file a joint petition if there is any chance that both spouses may be liable for the debt.  If, however, it is clear that only one spouse is liable for all the debts of one spouse, a joint filing ma not be necessary.  

Credit reports should be run to determine if the debts are joint or not.  In addition, original statements and or bills should be disclosed and review by your Chester County bankruptcy lawyer to make sure the appropriate debts are covered, explored, and analyzed.