Can One Spouse File Chapter 7 and the Other Chapter 13?

A married Asian couple looking at a computer, hands on their heads, trying to answer the question, "Can One Spouse File Chapter 7 and the Other Chapter 13?"

Let’s be honest. When it comes to bankruptcy, there may be a lot you just don’t know. Bankruptcy is complicated. And it gets even more complicated when you’re married and have separate debt from your spouse. So, it’s natural to have a lot of questions. That’s where we come in. We recently answered the question “Can one spouse file for Chapter 13 and not the other?” but this is just one option married couples have when considering bankruptcy. Another common question we’re asked is, “Can one spouse file Chapter 7 and the other Chapter 13?” We will address this question and more throughout this article.

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Chapter 7: Asset Case Versus No-Asset Case

Asset Case Versus No-Asset Case

As part of every bankruptcy, the filer must list all of their assets, and failure to do so could result in criminal fines and jail time. Therefore, It is important to understand the difference between a Chapter 7 bankruptcy asset case versus no-asset case to protect your property in Chapter 7.

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Should I file Chapter 7 or Chapter 13? Part 1 – Chapter 7

I can’t tell you how often we have clients calling us and explaining that they only want to file Chapter 7 bankruptcy, or they ask us “should I file Chapter 7 or Chapter 13”? There are various advantages and disadvantages to each chapter, and we explain these to our clients so that they can make an informed decision that’s right for them.

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