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does this make sense? filing alone

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    does this make sense? filing alone

    Has anyone filed without spouse? My husband makes around 70,000 and i'm around 25,000. If i file alone i will be in the negative and will pass the means test because it says to add spouses income, but then subtract what he doesnt contribute to household. He pays half the household bills and i pay half, so i actually have to subtract alot of his income that isnt used for household. Does it make sense to everyone that i will qualify, but if he filed too we would have to do a 13 and cant afford that. Will this be questioned in a big way if he doesnt file and should it be a problem if i only do it and do a 7? All my debt is in my name he has alot of debt too, but i'm only an auth. user on his. He is not on mine. We only have a Kohls acc. that is joint. The house is in both with no equity and have a home equity loan that is just in his name. Both vehicles are in is name one is paid and was we owe on , but we more then its worth. I guess what i'm trying to say is that there would be no assets, thanks!!!

    #2
    Many couples do file individually without their significant others. One important consideration though is whether or not you live in a community property state.

    I would schedule appointments with 3-4 bankruptcy attorneys in your area and run it by them and see what they thought.
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

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      #3
      I live in ny. Thanks

      Comment


        #4
        Originally posted by helpsoneeded View Post
        I live in ny. Thanks
        New York is not a community property state.

        According to http://www.fairmark.com/spousal/comprop.htm , the US community property states are:
        -Arizona
        -California
        -Idaho
        -Louisiana
        -Nevada
        -New Mexico
        -Texas
        -Washington
        -Wisconsin

        How much debt of your own do you have? Will filing alone to get rid of just your unsecured debt make enough difference for your family finances since it looks like your husband is already carrying a large majority of your family debt load?
        Last edited by lrprn; 09-03-2007, 08:55 PM.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

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          #5
          A co-worker of mine is considering filing bankruptcy, although she is leaving her spouse out of it, she still has to add his income to hers. Sopposedly she has a really good lawyer and is only paying $1500 and is able to file Ch7 THUS FAR. More details as time goes by, I'll keep everyone posted on how this story goes. (State of VA, FYI)

          Catchmeifyoucan
          July 2006: Filed Ch13 :blink:
          Oct 2006: Converted to Ch7 :clapping:
          Jan 2007: DISCHARGED :clapping:
          Nov 2007: CLOSED :yahoo::yahoo::yahoo:

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            #6
            I filed chapter 7 without my husband, as all the credit cards are in my name only. Husband has one credit card in his name that he has always been current paying. We are just below the median income using both of our incomes.
            In Michigan, there is a thing called tenants by entiriety which protects all equity in your home if both names are listed on your deed, but the unsecured debt is only in one spouses name. You have to use the state exemptions in order to use this.
            My attorney thinks that I will be okay as far as home equity using federal exemptions, even though it will be close, so that is what we did, however he said we can change to state exemptions if it looks like the trustee would take the house.
            My 341 is next Monday, so I will find out! Getting very nervous!
            Filed Chapter 7 - July 12, 2007
            341 meeting - Sept 10, 2007

            DISCHARGED - 12/05/2007

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              #7
              I live in ny. I have 70,000 in my name and he has 40,000 in his. He does not want to file.. thanks again

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