It is not necessary for both spouses who do not reside in a CP state to file bankruptcy if there are no joint debts. If there are joint debts then the non-filing spouse will be subject to collection procedures from creditors. On Oct 17th new bankrupcy reform goes into affect and it will be almost impossible for the average consumer to file a Chapter Seven BK.
This depends on what type of bankruptcy you are filing for. Chapter 7 bankruptcy is basically liquidation - all of the debtor's assets (besides those which are exempt) are sold to pay off his or her debts so you need to include everything. That being said, not everything will necessarily be discharged (i.e. child support and educational debt etc will remain with you after bankruptcy is completed).
When an individual files for bankruptcy, he/she must list down all the creditors and debts that they have. If the bankruptcy has already been filed and the individual has incurred new debt but has not yet been discharged by bankruptcy, that new debt is not included in the bankruptcy discharge. For an official opinion, it is advised you seek legal counsel. It is really important to seek legal advice from the expert about filing for bankruptcy.
Here is a good rule of thumb--when filing for bankruptcy you list EVERYTHING! And by everything, I mean everything. Courts do not appreciate even unintentional concealments of sources of income. My advice to you is to contact an attorney that specializes in bankruptcy to help you with the application and process. Doing so would answer questions like where to put what and also familiarize yourself with what debts are and are not dischargeable.
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