Can One Spouse File 7 & Other 13?

[grdups]

Is it possible for me (with no income due to failing health) to file ch 7 and my husband (120K Yr salary) file ch 13? Or possibly me file 7 and him go into Consumer Credit Counseling Debt Management program?
300K unsecured debt, plus two mortgages (waiting on house to sell), student loans, 45 days behind on everything. Have tenants in other house and would be willing to deed in lieu or short sale, or anything that would work.

Any thoughts are greatly appreciated.

[mtbc]

For what it's worth, I'm not aware of anything that necessarily prevents such a plan.

[MSbklawyer]

Is it possible for me (with no income due to failing health) to file ch 7 and my husband (120K Yr salary) file ch 13? Or possibly me file 7 and him go into Consumer Credit Counseling Debt Management program?
300K unsecured debt, plus two mortgages (waiting on house to sell), student loans, 45 days behind on everything. Have tenants in other house and would be willing to deed in lieu or short sale, or anything that would work.

Any thoughts are greatly appreciated.

Are you going to be able to pass the means test for a chapter 7 with that much income in your household?

[DeadManCrawling]

I would think the order in which this is done would be critical, if you proceed. For instance, if a 13 is filed first, presumably, that implies there is, or was, DMI to fund the 13. Might be able to argue that all DMI, then, is included in the plan for the spouse. In that sense, a 7 might work, because all household DMI is supposedly accounted for in the previously filed 13.

Have not personally heard of anyone doing this, but it could work, I think. Might be complicated as heck, though.

[HHM]

You would never do the chapter 13 first, I don't see a scenario where that would work. It is legally possible to do what you are suggesting. But the BK courts look at "household" income in qualifying you for BK 7 (regardless if your husband is a non filer). Honestly, not sure what benefit you get out of doing a chapter 7 first for you vs. simply doing a joint 13, the outcome is the same, so I don't see the need for the initial chapter 7.

If you have no income, and your husband files chapter 13, doing it as a joint chapter 13 doesn't change anything, you are still paying the same amount each month, both of your debts would be discharged. Unless you have "priority" debts that cannot be discharged in a 7 and have other debts that would be, then a chapter 7 might make sense, but otherwise, not sure I see the point of it.