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married but spouse is not filing, quick means test question in CA

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    married but spouse is not filing, quick means test question in CA

    Hey everyone, I did a quick means test evaluation to see if I would qualify and I have a couple questions.

    1. Do I put down 2 for household information so I'm able to make more than I believe $48k a year?

    2. I have a mortgage and a room that I rent out along with funds that my parents gave me to help out since I lost my job in 2008, do I have to count these funds toward my annual income? They total $1,100 a month.

    I'm much closer to the end and about to meet with attorneys next month and i've done my research on these boards but any advice I can get would be appreciated.
    Retained lawyer: 3/30/10
    Filed Ch. 7: 4/07/10
    341 Meeting: 5/19/10
    Discharged: 7/26/10

    #2
    The very first thing I'd like to point out is that CA is a community property state, so I'd see if your spouse would reconsider since if only you file they'll still be responsible for most of the debt you discharge.....

    Household size would be how many live in the household regardless of whether you file singly or jointly.
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

    Comment


      #3
      i would put down two for persons in household
      - you have to include the rent your receive as income
      - how much is it that your parents give you? Ask an attorney, but it will likely need t obe included..

      Originally posted by OutofTime View Post
      Hey everyone, I did a quick means test evaluation to see if I would qualify and I have a couple questions.

      1. Do I put down 2 for household information so I'm able to make more than I believe $48k a year?

      2. I have a mortgage and a room that I rent out along with funds that my parents gave me to help out since I lost my job in 2008, do I have to count these funds toward my annual income? They total $1,100 a month.

      I'm much closer to the end and about to meet with attorneys next month and i've done my research on these boards but any advice I can get would be appreciated.
      Filed Pro Se: 10/16/2009
      341 Scheduled: 11/23/2009
      Last Day for Objections: 1/22/2010
      Discharged: 1/28/2010

      Comment


        #4
        They gave me $500 a month last year to help me out with bills and mortgage and regarding my wife filing with me, my debts are strictly in my name and had the cards prior to marriage and I don't want to ruin spouse's 700+ credit score.
        Retained lawyer: 3/30/10
        Filed Ch. 7: 4/07/10
        341 Meeting: 5/19/10
        Discharged: 7/26/10

        Comment


          #5
          Was the debt on the cards charged before or after the marriage? How long you been married?

          This is something you should bring up to the lawyer and see what they say, but if you've been married for a while or charged on the cards since the marriage it is very possible the creditors will come after your wife as I said CA is a community property state.
          May 31st, 2007: Petition Filed by my lawyer
          July 2nd, 2007: 341 Meeting Held
          September 4th, 2007: Discharged and Closed.

          Comment


            #6
            my debt is estimated to be around 47k, been married since 2006 and since my unemployment in 2008 and after marriage racked up 25k of the debt while married. this is something that I will bring up when I interview lawyers.
            Retained lawyer: 3/30/10
            Filed Ch. 7: 4/07/10
            341 Meeting: 5/19/10
            Discharged: 7/26/10

            Comment


              #7
              Originally posted by JRScott View Post
              This is something you should bring up to the lawyer and see what they say, but if you've been married for a while or charged on the cards since the marriage it is very possible the creditors will come after your wife as I said CA is a community property state.
              Based on the CP thread, I'm not sure that's the case. Read the thread on CP states: http://www.bkforum.com/showthread.php?t=24544&page=4 and, yes, ask your attorney.
              LadyInTheRed is in the black!
              Filed Chap 13 April 2010. Discharged May 2015.
              $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

              Comment

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