The answer is probably.
More than the existence of debt goes into a BK determination. There is also the question of exemptions (a determination of what property, if, any, may be subject to turn-over to theTrustee). Income is another issue: Is the money so great as to be an issue (a Chapter 13 Plan may be the result)? Also, any BK needs to include all property and all debts, whether they are to be disccharged or not. Further examination is, therefore, needed.
The BK Code was amended in 2005 for this situation of only the lower income spouse filing. A "Means Test" was created that looks to the household income, which would include the spouse's income, but not the spouse. Since he would not be filing, this should mean the inclusion of your husband's net wages less any inherently personal obligations. An example of this would be his vehicle payment and insurance on it; should the vehicle be titled jointly, this analysis would not be correct.
Since you gave no specifics, the answer cannot be given here, but is easily determined. A trained BK attorney should examine your family income, debts, and payments. You may be below the income threshhold (or rebut any such presumption) and you may be able to exempt all of the property under the allowed Illinois exemptions. If this proves to be the case, a BK7 can be filed and a discharge obtained.
Such an attorney can be found via your County's Lawyer Referral Program. You can call and obtain names and then review the attorney's websites before making any selection for a consultation.
Answered on Jul 21st, 2016 at 12:46 PM