I’ve been hoping to supply additional information that might be helpful to someone considering filing personal bankruptcy. Then I remembered an issue that is often on a couple’s mind when preparing to file bankruptcy. They want to know what a joint bankruptcy petition is and whether just one of the spouses can file.

A joint bankruptcy petition is when a husband and wife file for bankruptcy under one petition. Only a man and woman who are married—common law or otherwise—on the date of filing for personal bankruptcy may file a joint petition. People who are unmarried, corporations, and partnerships must file separate petitions.

As an aside, you may not file a single petition for yourself and your business, be it a corporation, a limited liability company or a partnership. In that case, you must file separately for yourself and your business.

It is permissible for one spouse in a marriage to file alone. In other words, spouses do not have to file jointly. But, in order for the court to have complete knowledge of the petitioner’s financial situation, the spouse who does not file must also supply the data about his or her assets and wages.

I hope this information has been useful. If you have any more questions related to filing personal bankruptcy please feel free to contact me for a FREE personal bankruptcy consultation.

Kevin D. Heupel, Colorado personal bankruptcy lawyer, 303-955-7570, Colorado Bankruptcy Help email, Colorado personal bankruptcy free-consultation form