Yes, spouses can, and often do, file a joint bankruptcy petition. It is often much more cost-efficient to file a joint petition because only one filing fee must be paid. If two spouses file separately, each spouse will need to pay the filing fee.

Answer Applies to: Oregon
Replied: 1/25/2012

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Many couples with joint debt or individual burdens will file a joint bankruptcy petition. Sometimes, it's best that only one spouse files, but this depends on each unique situation.

Answer Applies to: Indiana
Replied: 11/18/2011

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In most cases, it is best for a married couple to file a joint bankruptcy. There are occasionally circumstances where only one spouse may file bankruptcy. There is usually no reason to file two separate bankruptcy petitions if both spouses want to file. Understanding the bankruptcy process and proper pre-bankruptcy planning is critical before filing. A knowledgeable bankruptcy attorney can help with that.

Answer Applies to: Arizona
Replied: 11/17/2011

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Yes it would be better. Otherwise you will have to pay filing fee and attorney fee twice.

Answer Applies to: Florida
Replied: 11/16/2011

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You could file separately but I see no benefit in doing so especially if you are living together. You will simplify things greatly by filing jointly.

Answer Applies to: Virginia
Replied: 11/16/2011

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It would seem that filing a joint petition will provide the discharge of debt you both are looking for while avoiding paying double the filing fee and attorneys fees.

Answer Applies to: Florida
Replied: 11/15/2011

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It makes more sense to file a joint petition. There is only one filing fee instead of two and the paperwork is extensive. I see no reason to double the workload. The court will not appreciate seeing the same information two times and opening two separate files. California is a community property state and you probably don't have any debts that are not community (it doesn't matter whose name is on it). Further you must list all marital assets and expenses and it would be a lot more work to file separately. Pool your money and invest in a knowledgeable local attorney who can advise on the best chapter to file, the proper exemptions and help navigate you through the process ahead.

Answer Applies to: California
Replied: 11/15/2011

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Filing a joint bankruptcy is always best. Even if you file separately you will just end up paying twice the costs but will received the same result.

Answer Applies to: California
Replied: 11/15/2011

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It is cheaper to file one bankruptcy, but it is usually easier to file jointly as well, unless you do not pass the means test, in which case then it may be better to file separately.

Answer Applies to: New York
Replied: 11/15/2011

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Filing a joint case would be better because you only have to pay the court filing fee once.

Answer Applies to: Illinois
Replied: 11/15/2011

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Usually you double your legal fees and court costs with two cases. There could be advantages in rare cases. You need a lawyer to weigh the options.

Answer Applies to: Georgia
Replied: 11/14/2011

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I don't understand why you both are looking to file but want to take care of the debts separately. You can file separately but you will have to pay two separate filing fees, where if you filed as a husband and wife there is only one filing fee paid.

Answer Applies to: California
Replied: 11/14/2011

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Filing jointly would certainly be cheaper, but it is fine to file separately as well.

Answer Applies to: Colorado
Replied: 11/14/2011

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There is no advantage to filing separately. Each case will include the income of the other.

Answer Applies to: California
Replied: 11/14/2011

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A joint filing would be better and save money.

Answer Applies to: New York
Replied: 11/14/2011

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Spouses are allowed to file separate petitions in bankruptcy. Generally, this is inadvisable. For one thing, it double the filing cost and results in higher legal fees.

Answer Applies to: California
Replied: 11/14/2011

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You can file jointly, if you are still married and it would be cheaper.

Answer Applies to: California
Replied: 11/14/2011

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While you are indeed welcome to file separate cases, it is costly and serves no real purpose. If you do in fact file separately cases, you will still need to list the non-filing spouses income and assets. As a general rule, it is better to file one case.

Answer Applies to: California
Replied: 11/14/2011

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If your married and both of you are planning on filing you might as well file together and save the $306 in filing fees. It's not necessary to keep the debts separate.

Answer Applies to: Oregon
Replied: 11/14/2011

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Yes unless you'd prefer to pay for two BKs unnecessarily.

Answer Applies to: California
Replied: 11/14/2011

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There may be situations where filing 2 separate BKs are better but that's probably the exception and not the rule. This is assuming you both are going to file. In most cases, it's probably more convenient and less expensive to file together.

Answer Applies to: California
Replied: 11/14/2011

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File jointly. You will still need to state whose debts are whose, but you avoid multiple cases, filing fees and legal fees.

Answer Applies to: Utah
Replied: 11/14/2011

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You may file a joint bankruptcy with your spouse even if your debts are separate. It is usually better to file a joint petition because it saves in court costs and attorney's fees.

Answer Applies to: Colorado
Replied: 11/14/2011

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If you are in California, and the debts you are dealing with were incurred during marriage, then they are community property debts and if either one of you files, all such debts will be dealt with in the bankruptcy. The normal process is to file a joint bankruptcy petition, because if you file separately each of you will have to pay the $306 filing fee, while if you file a joint petition there is only one fee.

Answer Applies to: California
Replied: 11/14/2011

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A joint filing will save the duplication of filing fees. No real reason for duplicate filing.

Answer Applies to: Colorado
Replied: 11/14/2011

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Yes, you can file for bankruptcy at the same time as your spouse. Yes, it is better to do a joint filing. This will save you time and money. Attorneys usually charge the same fee regardless of whether or not it is an individual filing or a joint (husband and wife) filing. Filing 2 separate individual cases instead of one joint filing would most likely double your legal fee and would most definitely double your court filing fee. Also, if you file 2 separate cases, the Trustee in each case will wonder why. Overall, if you are married and not separated, it is best to file jointly if you both need to file bankruptcy.

Answer Applies to: California
Replied: 11/14/2011

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It would make a lot more sense to file a joint case. If you each filed a separate case, it wouldn't make a lot of sense and would probably arouse suspicion as to what exactly you were up to. Bankruptcy is not a place where you want to stand out in the crowd.

Answer Applies to: Texas
Replied: 11/14/2011

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Filing jointly is usually better and a lot cheaper.

Answer Applies to: California
Replied: 11/14/2011

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As a general rule, filing a joint case would be better. It will be less expensive as you will have only one filing fee and one fee for the administrative costs of your case. You should, however, consult an experienced Bankruptcy attorney before making a decision. There are certain rare circumstances where it could make more since to file to separate cases.

Answer Applies to: Georgia
Replied: 11/14/2011

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It is usually better for a married couple to file jointly. married couples usually are responsible for each other's debt.

Answer Applies to: Colorado
Replied: 11/14/2011

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A joint filing may make more sense for you. I suggest you meet with an experienced bankruptcy attorney.

Answer Applies to: New York
Replied: 11/14/2011

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