Q: My husband and ex wife had a vehicle together. And they failed to make the payments. Can my husband file bankruptcy?
A: Yes, we file bankruptcy for just one spouse all the time. The means test does use the income for both spouses to determine whether a Chapter 13 or 7 should be filed but most of the time just one spouse can file.
Tammy Lyn Wincott agrees with this answer
A: Yes, he can file for bankruptcy. However, if he agreed in his divorce to assume responsibility (sometimes referred as "indemnify and hold harmless) for the debt it becomes more complex. If so, his attorney needs to think through the fact that a Chapter 13 discharge eliminates marital obligations that may not be eliminated by a Chapter 7 discharge.
A: Yes. But his entire financial situation should be reviewed before any decision is made.
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