QUESTION
If I haven't worked in a couple of years, how do I file for a chapter 7 bankruptcy?
Asked on Apr 12th, 2012 on Bankruptcy - California
More details to this question:
I need to file chapter 7 on my own, not including my wife but all the info about her is required everywhere. I have not worked in a couple of years what do I do, all financial info is about her. We have 3 girls which makes it a household of five but only one income. All financial info is about her...can still do this. She will most likely be filing by herself in the near future but a chapter 13 restructuration most likely .
12 ANSWERS
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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You go through bankruptcy as an economic unit. So, if her income is too high to qualify for chapter 7, you don't qualify. There is a provision that, if you are not living together, her income doesn't figure in.
Answered on Apr 25th, 2012 at 12:26 PM
Business Bankruptcy Attorney serving Raleigh, NC
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J.M. Cook, P.A.
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You will need to include all joint debt, include her info on the Schedule I and J and on B22. That is the only place you need to include your spouse's info.
Answered on Apr 24th, 2012 at 9:20 AM
If you live in SW Michigan, and you are living with your spouse, you must list all "household income" on Schedule I of your bankruptcy schedules, even if your spouse is not filing Chapter 7. On Schedule J, you would need to show your normal living expenses equal your Schedule I income, or otherwise you could be required to file Chapter 13 if your spouse's income is too high.
Answered on Apr 17th, 2012 at 11:22 AM
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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Yes, you can file Chapter 7 individually even if you are married. You will just need to report your spouse's income in the filing documents.
Answered on Apr 16th, 2012 at 2:21 PM
Bankruptcy Chapter 7 Attorney serving Los Angeles, CA
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Bereliani Law Firm, PC
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You do need to list your wife's information as it's household income but her social will not be on your bankruptcy and this bankruptcy will not be on her record. She can file a chapter 13 in the future, if necessary. I would recommend consulting with a bankruptcy attorney regarding your options and a game plan for you and your wife.
Answered on Apr 16th, 2012 at 2:14 PM
John R. McNeal
Un-employment is no barrier to filing a chapter 7. Your filing would not be affected by your wife's income.
Answered on Apr 16th, 2012 at 1:44 PM
Chapter 13 Bankruptcy Attorney serving Bloomington, MN
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Gregory J. Wald
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In order to determine eligibility for Chapter 7, it is necessary to prepare a budget for the entire household. This budget must include all sources of income including her income.
Answered on Apr 13th, 2012 at 1:56 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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You must include all income and expenses for the household. You also include all debts incurred while married or, for you, before marriage. I recommend you talk to an Arizona attorney about your situation. Most debtor attorneys offer free consultations. You cannot beat free. There is also a Self-Help Center at the Arizona Bankruptcy Court.
Answered on Apr 13th, 2012 at 1:56 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You should file together. The court may not permit you to file by yourself.
Answered on Apr 13th, 2012 at 1:54 PM
2 Awards
You must include your wife's assets, debts and her income. This is because you live in a community property state. She does not need to file bankruptcy but since you have an interest in her assets, debts and income they must be listed on your petition. This is a complex issue and I highly recommend that you and your wife seek bankruptcy advice.
Answered on Apr 13th, 2012 at 1:52 PM
If you both want to file in the near future and you are still married, you should file a joint petition either under Chapter 7 or Chapter 13, depending on your exact circumstances. If one of you files before the other, the later filer may not be able to use his/her exemptions for his/her property. Also, while it is possible to do your own bankruptcy petition, it is advisable to contact an attorney. Cases can be complex, especially when trying to confirm a Chapter 13 repayment plan.
Answered on Apr 13th, 2012 at 1:49 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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You really need to consult experienced counsel. You can file for Chapter 7 relief only if you qualify, and you will qualify depending on the income of the household, including your wife's income regardless of whether or not you work. You suggest that your wife will likely need to file for Chapter 13, but do not indicate why. Is her income too high to qualify for Chapter 7? Why can't you file for yourself and take advantage of the fact that one spouse can discharge the community's debt. In other words, if you file by yourself, your petition must look basically identical to what it would look like if you filed jointly with your spouse, except that her name will not be in the petition as a Debtor. The fact that the petitions are basically identical is consistent with the fact that in community property states like California, community debt will be discharged as to both spouses. It is important to be thorough, however, and it is ideal to have experienced bankruptcy counsel handle it.
Answered on Apr 13th, 2012 at 1:45 PM