INDIVIDUAL FILING OR JOINT FILING WITH SPOUSE

Unmarried Debtors must file individually.  However, married Debtors may file individually or jointly with their spouse.  A joint filing allows both husband and wife to have their debts discharged at the same time within to the same proceeding. This is often most economical because the Debtors only incur one attorney fee and one filing fee with the Bankruptcy Court. Each of the spouses will have to sign the Bankruptcy petition and appear at the First Meeting of Creditors.  Alternatively, in some cases it is advantageous to have only one person file.  Each case should be properly analyzed to determine the best way to file.

Attorney’s Fees and Costs

Fees for Chapter 7 vary depending upon the specific situation.  The costs incurred are $335 payable to the Court for filing fees and $37 for a credit report in the case of an individual or $74 in the case of a joint filing between husband and wife.  In certain cases additional financial reports are necessary requiring an additional cost.

Fees for a Chapter 13 case are limited by the Court except in certain circumstances.  The fee, or a portion thereof, may be paid through the Chapter 13 Plan thereby limiting the amount paid at the commencement of the case.  The costs incurred are $310 payable to the Court for filing fees and $37 for a credit report in the case of an individual or $74 in the case of a joint filing between husband and wife.  In certain cases additional financial reports are necessary requiring an additional cost.

Additional costs may be incurred for postage and other ancillary expenses.