A spouse filing independently certainly creates havoc, but they don’t need the other half’s consent to do so.

However, your son needs to hire an attorney both experienced in family and bankruptcy law that is familiar with the 1994 added Section 523(a)(15) to the Bankruptcy Code that might just prevent her from being discharged of personal liability as to any jointly owed creditors.

It is a complicated process to challenge a discharge under those new bankruptcy laws and made even more so here because the divorce is still pending.

His attorney may need to seek an order of the bankruptcy court extending the time (60 days) in which he can file an adversary proceeding. That is, until such time as the debts are assigned in the domestic case either by decree or property settlement. I don’t see how a 523(a)(15) adversary proceeding could be resolved in advance of a determination of which debts she may be held responsible for.

As for the promissory note, you need to consult with a bankruptcy attorney for advice on properly presenting a creditor’s claim.