Living Seperately and Bankruptcy

[lawforever]

I have a friend who wants to file Chapter 7 bankruptcy. Currently, he is living seperately from his wife. They have not been together for about 2 years and have not yet file for divorce.

Can my friend file for bankruptcy without his wife? Also, will he need his wife's income to be put in the petition? The mean's test and Schedule I and J requires spouse's income, but there is no way my friend will be able to get her income. They haven't seen each other for many years.

Any advice would be appreciated.

[kvangild]

Your friend can file without spouse. As far as your friends wife's income? There are better qualified people on here to answer that.

[AngelinaCatHub]

Your friend can file without spouse. As far as your friends wife's income? There are better qualified people on here to answer that.

OK, I'm not saying I'm better qualified. I would state though in my forms under parenthesis in that column, that the spouse is estranged and not able to produce information and that no income has been received or used in aid of your support.

In other words non-sequitur. 'Hub

[OhioFiler]

The perfect marriage!

Of course your "friend" can file on his own. If there are joint debts that issue will need to be resolved.

[charismamill]