First things first: you would benefit from consulting an experienced bankruptcy lawyer in your own locality. That said, you can file an individual case. You would indicate that your spouse is NOT filing. In reporting your income, you can report whatever he pays you as a contribution from someone not living with you. If you are living together with your husband, then even if he is not filing, if you live in a community property state (like Wisconsin and about 10 others) then all his income is potentially available for a Ch. 13 Plan. If he is living separately when you first file, and then you two reconcile, or at least resume living together, it would certainly be best to submit amended schedules of Income and Expenditures. (Schedules I and J) You would likely also have to file an Amended Plan. This situation is one where working with a well-versed bankruptcy lawyer can be most helpful.
Answered on Nov 03rd, 2016 at 6:23 PM