Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.
This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.
Both should Answer. Keep in mind that Bankruptcy will only discharge the existing debt, not future HOA fees which that accrue after the discharge.
I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client relationship. www.PatchogueAttorney.com You should not rely upon free legal advice and I disclaim any liability for the results if you do.
If one spouse filed bankruptcy and discharged their obligation then they would not be served with the summons. If for some reason they did, then they should answer.