Expert: Terry Leeders - 3/31/2008

Question
My husband filed Chapter 7 bankruptcy in ohio in 2002.  I have never filed, but need to file now.  Since he is the co-signer on two of my debts, we both need to file.  Do we file as a couple under the Chapter 13 or do we file seperate, him under Chapter 13 and myself under Chapter 7?  Also, under Chapter 13, our debt to income ratio is upside down, so what does this mean?  We are paying on our home and two vehicles (which we need to get to our jobs)

Answer
you can do any of the scenarios.
You can file a joint ch13, or you can file CH7 and he can either pay the debt himself, or if he needs to file, he'll need to file ch13 at this point. The court would look at household income to verify the feasibility of the chapter 13 payment plan.  You can keep a home and cars in chapter 7 too.