Simple question I can't seem to find the answer to

[Upstate]

Hello all,
My first post here and I feel silly asking this, but I have been reading and searching and can't find the answer.
Do I have to have a job to file Ch. 13?
I am married and would file alone, all the cc debt is in only my name and is a result of my business venture gone awry. Problem is my spouse makes a lot of money so I can't even consider a Ch. 7, but I need to deal with several accounts that have gone over to collection agencies.

Sorry if all this has been gone over numerous times, but I am alittle confused as to which way to turn.

Thanks in advance for any insight or answers.

[MSbklawyer]

Hello all,
Do I have to have a job to file Ch. 13?

11 U.S.C. 109(e): Only an individual with regular income . . . may be a debtor under chapter 13 of this title.

No job is necessary. A regular income is.

[Upstate]

Thanks for answering. I have no job, my spouse makes a pretty high amount, does my "shared" portion of their salary equate to an "income"?

[MSbklawyer]

Thanks for answering. I have no job, my spouse makes a pretty high amount, does my "shared" portion of their salary equate to an "income"?

Well, if he gives you money regularly, that's a regular income. It wouldn't draw an objection here, but your trustee may see it differently.

[Upstate]

Interesting, if the trustee saw it differently that would mean I have no option for bankruptcy? Spouses' income is way too high for Ch.7.

BTW - in regard to spouse: "he" is a she, and I am a he ! Roles are reversed in our scenario!

[aa06a47]

This might sound silly, and may not even be legal, but have your spouse provide you a monthy allowance. You should be able to use that as your method of paying.

Talk to a lawyer though. If all the debts are in your name alone, a chapter 7 should be allowed.

[Upstate]

I am definitely going to talk to a lawyer as soon as I can find one that I am comfortable with. I am just trying to arm myself with as much knowledge as possible at this point.
I appreciate all the input, I will ask about an "allowance". As far as Ch.7 - if I have to count spouse income I really don't think I can pass the means test. That is certainly one of the things I will be looking into though.

[lrprn]

As far as Ch.7 - if I have to count spouse income I really don't think I can pass the means test. That is certainly one of the things I will be looking into though.

The only part of your wife's income that counts toward your Means Test is the amount she contributes to the running of the mutual household. I doubt if that is her entire income.

Also, if you have no employment at the moment and all the debt being discussed is yours alone, I'm trying to figure out why you are resisting filing Ch 7 on your own. Do you live in a community property state? Do you have a lot of shared debts between the two of you?

[Upstate]

Very useful info. I thought I had to count all of her income, not just the portion applied toward maintaining the household. We live in SC which I understand to be tenancy in common and not community property.
Only thing I worry about in this scenario is how to differentiate between which property is hers and mine, and the risk of losing personal property that is shared because of my situation.
Thanks for all the input!

[MSbklawyer]

Very useful info. I thought I had to count all of her income, not just the portion applied toward maintaining the household. We live in SC which I understand to be tenancy in common and not community property.
Only thing I worry about in this scenario is how to differentiate between which property is hers and mine, and the risk of losing personal property that is shared because of my situation.
Thanks for all the input!

If you two were separated, you wouldn't count ANY of her income. Now, you can't separate solely for the purpose of passing the means test, and I'm not suggesting you do that. But -- if she burns the biscuits AGAIN, and you just can't stand it anymore and you storm out of the house with your things and move in with your old college buddy across town --- well, you're separated. And none of her income would count on your means test.

[Flamingo]

Sounds like you are trying to keep property that is joint (i.e., house). You just state the debt is in your name only.

Chapter 13 is sometimes referred to as the "Wage Earner's Plan." Since you have no income but your spouse makes good money, are you even insolvent (broke?) to be eligible to file? I suggest getting a few free consultations with a BK attorney in your area and start putting together a complete listing of all your debts, monthly payments, sources of any household income, paystubs, asset listing and copies of your most recenet state and federal tax returns and get a view of exactly where you stand so you can make further decisions and not guess. Best of luck to you!

[Upstate]

If you two were separated, you wouldn't count ANY of her income. Now, you can't separate solely for the purpose of passing the means test, and I'm not suggesting you do that. But -- if she burns the biscuits AGAIN, and you just can't stand it anymore and you storm out of the house with your things and move in with your old college buddy across town --- well, you're separated. And none of her income would count on your means test.

Could you be made to prove you were separated? If so how would they make you prove it?
BTW - Nothing is in my name, the house is in her name, both cars are in her name, everything that is of consequence. All I had in my name was credit cards, no collateralized loans, etc. We shared two cc's but they are current and have always been paid. Her credit is immaculate.

[Upstate]

Sounds like you are trying to keep property that is joint (i.e., house). You just state the debt is in your name only.

Chapter 13 is sometimes referred to as the "Wage Earner's Plan." Since you have no income but your spouse makes good money, are you even insolvent (broke?) to be eligible to file? I suggest getting a few free consultations with a BK attorney in your area and start putting together a complete listing of all your debts, monthly payments, sources of any household income, paystubs, asset listing and copies of your most recenet state and federal tax returns and get a view of exactly where you stand so you can make further decisions and not guess. Best of luck to you!

Good question! We are not "broke" per se, and I am trying to gather info on which direction to turn, i.e. Ch.13 vs 7 and so on. I first considered Ch. 13 because I am willing to pay some of it back, but it seems the process itself may not allow for that. I am "broke" in as much as I can't pay it back at the terms the collection agencies demand, so that rules that out. Perhaps Ch. 7 is all that will work for me? I will consult with an attorney. I am trying to determine the best option because the debt I carry was due to my mistake/lack of success. After it went South and I couldn't make the payments these seven accounts or so went into collection very quickly. I literally haven't had time to retool and try to address any of the debt before collection agencies have started really ramping it up. I began to consider the bankruptcy option to stop the repeated collection process that seems it will be a never ending cycle. If there is no option for Ch.13 and structured repayment I don't know what I am supposed to do. Hope that makes sense!
Finding the right attorney seems it will be the key to a lot of this as well. I came here to arm myself with more knowledge which never seems to be a bad thing to do.

[Flamingo]

Could you be made to prove you were separated? If so how would they make you prove it?
BTW - Nothing is in my name, the house is in her name, both cars are in her name, everything that is of consequence. All I had in my name was credit cards, no collateralized loans, etc. We shared two cc's but they are current and have always been paid. Her credit is immaculate.

You would need to check your state laws as to timelines regarding marital sepration. You would probably need proof of residing elsewhere and possibly a copy of a Separation Agreement from an attorney. If you move out with no income you may have a lot to prove as to your situation and how you are surviving on your own. If you live together separated, I am almost certain you would need a Separation Agreement from an attorney. You would have some domestic relations law to research in your state if you decide to go this route. See a BK attorney in your state who can set you on the right path. Most give free innitial consultations. I still get the feeling that with her high income and you trying to figure out what to do that your household income does not make you insolvent and that is what you are trying to get around.

[Upstate]

You would need to check your state laws as to timelines regarding marital sepration. You would probably need proof of residing elsewhere and possibly a copy of a Separation Agreement from an attorney. If you move out with no income you may have a lot to prove as to your situation and how you are surviving on your own. If you live together separated, I am almost certain you would need a Separation Agreement from an attorney. You would have some domestic relations law to research in your state if you decide to go this route. See a BK attorney in your state who can set you on the right path. Most give free innitial consultations. I still get the feeling that with her high income and you trying to figure out what to do that your household income does not make you insolvent and that is what you are trying to get around.

I am not really trying to get around anything. I began the thread because I was trying to figure out if Ch. 13 is an option when one person is loaded with cc debt and the other can still maintain the household. Thus my initial question of whether I could file with no job.
As I had stated in the other reply, I only initially considered Ch. 13 with the intent to pay back whatever is necessary.
All of my subsequent questions have arisen as a direct result of feedback from the replies that were posted. Just because I asked about the separation issue didn't mean I was going to pursue that line of reasoning.
I'm sorry if I've asked too many questions here and not reserved them for the attorney I choose.