A fellow bankruptcy attorney recently asked me this question in the context of a Chapter 13 bankruptcy. He had filed the case for the husband alone pursuant to 11 U.S.C. § 301 , and due to changed circumstances decided that it would be a good idea to make the case a joint case pursuant to § 302. He wanted to know if it was sufficient to simply amend the Voluntary Petition to add the wife.
It may surprise you to learn that the answer is, “No.” While there is a way to accomplish the desired goal, it’s a bit more complicated than simply amending the Voluntary Petition.