It may be different also since none of the debt is in her name. He alone will be able to file, separately from his wife. In other words they do not have to file Bankruptcy jointly since she has no access to the cards and they are only in the husbands name. This may be the one occasion where him not “sharing” his credit worthiness with her is a “good thing”!! LOL LOL LOL

With the new BK laws chapter 13 is not a given, it would depend on whether they pass what is called the “Means Test” . Which is an amount in which the laws say you can live on with the number in your family. Plus what expenditures you have, etc…. With an Autistic son their is probably a lot more expenditures than the average family of 4. But they would be “required” for him. I’ve never taken the means test as a whole. I would assume that the entire families income would have to be disclosed etc… but he could still file BK alone.