We live in Kentucky.My husbands credit is terrible and now has a garnishment against him.Can HE file a 13 on his own,as my credit is fine?

Sure, but your income will be factored into the budget analysis in determining how much your husband has to pay in the Chapter 13.  Also, depending on the laws of your state, your assets may also need to be included in determining the repayment amounts (you wouldn't lose the assets, but their value and the amount of any exemptions available in your case does affect the required payment amounts). You should consult with a qualified bankruptcy lawyer in Kentucky for more details. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.