After marriage, there is an option of filing for bankruptcy together, but it is not always suitable for you. There are some situations that indicate whether you should file together or not. Chapter 13 bankruptcy is where the debtor will curate a plan showing how you will pay off your debts, instead of the court just discharging your debts. It lasts for 3 – 5 years.
It is the best option if you have a lot of assets and don’t want to lose them, or when you know that if you get the time you can catch up with your debt and especially if you have a regular income.
Is it best for a spouse to file for bankruptcy individually or together?
If one spouse has a large family inheritance or has ownership of a family place or owns a small business, then that spouse should not file for bankruptcy. The other spouse should file for bankruptcy individually, as it can put both their properties and assets at risk.
After chapter 13 is complete you can collaborate in paying off debts of the spouse who did not file for bankruptcy.
When both the spouse took a loan together but only one spouse is filing for bankruptcy.
If the non-filing spouse is a co-signer on a loan in bankruptcy, chapter 13 might be your best option because the court stops all collection efforts for that loan and it does not even allow the creditors from harassing and trying to make money from the spouse who is not filing for bankruptcy.
So, it is a better option for couples who want to take maximum benefits of filing bankruptcy under the name of just one spouse. It is better to talk to an attorney specializing in the field of bankruptcy before taking any decision as he/she will be able to guide you and take full advantage.