QUESTION
Can I file Chapter 7 separately from my husband if all my debt was incurred before we met and not include his income?
Asked on Oct 26th, 2012 on Bankruptcy - Michigan
More details to this question:
My husband will not pay off my debt (nor should he). It is not his responsibility, and the creditors cannot come after him. We keep our finances separate and have no joint assets, not even bank accounts. I am unable and will never be able to pay off my debt because it is so much due to a failed business and lost job during the 2008 real estate crisis. It has to be Chapter 7. How am I supposed to file if my husband's income will not pass the means test? I alone would pass easily...why take into account his income, when he will not give it to me? What am I supposed to do?
10 ANSWERS
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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Yes, you can always file separately, regardless.
Answered on Oct 31st, 2012 at 5:15 AM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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You must include his income unless you make a declaration of separate households.
Answered on Oct 31st, 2012 at 4:03 AM
You can always file for bankruptcy separately. However, both of your incomes will be used to determine the means test. This may disqualify you from a Chapter 7 bankruptcy. It is best to talk to an experienced attorney before filing for bankruptcy.
Answered on Oct 30th, 2012 at 9:11 PM
Bankruptcy Attorney serving Myrtle Beach, SC
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Law Office of Margaret L. Evans, PC
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You have no choice but to include your spouse's income when you are married and not living separate and apart; you may be stuck having to file a Chapter 13 whereby some of your unsecured creditors will get paid a small portion of what is owed to them through a confirmable plan
Answered on Oct 28th, 2012 at 4:01 AM
You may file a bankruptcy without your spouse, but the exemptions you can claim may be limited in several ways if you file by yourself. Just because you file bankruptcy by yourself does not mean you can exclude your spouse's income from the Means Test or the budget on Schedule I. Congress passed the bankruptcy law in 2005 which requires a married person to include the income of both spouses, even if the other is not filing. Remember the wedding vows said "for richer, for poorer, in sickness and in health." It may help you to hire an experienced bankruptcy attorney who can find enough deductions so that you can pass the Means Test.
Answered on Oct 27th, 2012 at 2:56 PM
You may file bankruptcy separately from your husband and receive a discharge of your own liability for any debts, but your eligibility for Chapter 7 is determined by looking at both your incomes. You should sit down with an experienced attorney and talk through it.
Answered on Oct 27th, 2012 at 2:44 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Unfortunately, the rules of court state that his income is part of the means test if you are married.
Answered on Oct 27th, 2012 at 2:37 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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If you live together then his income is included.
Answered on Oct 27th, 2012 at 2:30 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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The simple answer is "yes". But it is important that you obtain competent bankruptcy advice. Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answered on Oct 27th, 2012 at 2:28 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You can file separately, see an attorney. Your debts and obligations are generally yours and yours alone.
Answered on Oct 27th, 2012 at 2:27 PM