A married couple need not file a joint petition. Often, only one of the two owes most of the debt. As my law partner and I were discussing yesterday, one of the advantages of having practice bankruptcy for so long is that I have learned that it very often makes sense for just one spouse to file, and then see how things work out. If a second filing is later required, it is generally worth it.
The second filing will have to use the same exemption choice, and there are other considerations, but those are issues you can foresee and take into consideration with the original filing. One of the issues that should be sorted out in any couple's first meeting with a potential bankruptcy lawyer is whether a joint filing makes sense, or if it should be an individual filing. The decisions of whether to file, when to file, what to do before filing, etc. should also be covered. And, finally, just because that meeting is free (if it isn't, I'd run, not walk, to a different firm), you should not feel that the lawyer you meet with in that meeting has to be the one you use. You need to fell comfortable with your bankruptcy lawyer. And feel that you can trust the lawyer with protecting your best interests. While our firm is on the low end of cost, I also think that you should not make this decision solely on cost.
Answered on Oct 08th, 2011 at 7:49 PM