Chester County Chapter 13 Options

A husband and wife my file a joint Chapter 13 case.  If each party meets the requirements to file individually for a bankruptcy with a Chester County bankruptcy attorney, they may do so together.  They must meet the debt limits and must fulfill all the filing requirements, including completing the credit counseling, signing the petition, and appearing at the Meeting of the Creditors or "341 hearing".  This is the more typical path for Chester County families as it is often the case that both husband and wife have unmanageable debts and are struggling with keeping up with their bills.  

Sometimes, however, the debt is only in one of the spouse's names and it may make sense to run your credit reports to confirm that this is the case.  Then, it is best to consult with your local attorney to make sure this is a proper strategy.  

Joint and/or Separate Options

Some couples decide to have only one spouse file.  This is a strategic decision that must be made with you and your attorney.  Frequently, in cases where there is a "non-filing" spouse, it is done because all of the debt is in the one spouse's name and the couple wants to preserve the other spouse's credit.  In other times, if it is a Chapter 13 where a family is trying to save their home, only one spouse files if they are on the mortgage/deed.  

If only one spouse files for bankruptcy, the other spouse's income must still be included on the petition and factored in to the means test. There is no getting around this requirement.  Generally, however, if both spouses are liable for any significant debts, they should file a joint Chapter 13 case.