Browse terms
Who can file
Joint case
A joint case, often called joint bankruptcy, is a single bankruptcy case that spouses start together by filing one petition. 1
Talk to a lawyerHow does joint bankruptcy work?
Only spouses can file a joint case, and it is a choice. A married couple may file a joint petition or individual petitions. A joint petition saves on court fees, because only one filing fee, one administrative fee and one trustee surcharge are charged. Both spouses must attend the meeting of creditors and answer questions. 1 2
Filing together does not automatically merge everything. After a joint case starts, the court decides to what extent, if any, the spouses' bankruptcy estates are consolidated. Both spouses must use the same exemption list: one may not choose the federal exemptions while the other chooses the state exemptions. 1 3
Filing alone has its own consequences. A discharge releases only the person who receives it, so a spouse who does not file stays liable on any debt the two owe together. Whether filing jointly is the better route depends on who owes the debts and who owns the property, which is a question for a lawyer in your state. 4 1
Joint case or one spouse filing: what is different?
| Topic | Joint case | One spouse files |
|---|---|---|
| Meeting of creditors 2 | Both spouses attend and answer questions 2 | The spouse who filed attends and answers questions 2 |
| The other spouse's income 5 2 | Counted as part of the couple's current monthly income 5 2 | Still reported, so the court, the trustee and creditors can evaluate the household 5 2 |
| Debts the spouses owe together 1 4 | Both spouses are debtors in the case 1 4 | The spouse who did not file stays liable on them 1 4 |
General rules only. In Chapter 13, a codebtor stay can limit collection from someone who owes a consumer debt with the debtor.
Common questions
Sources
Deciding whether to file together?
A bankruptcy lawyer in your state can look at who owes what and who owns what with you.
Connect to a bankruptcy lawyer