Married one spouse only files Ch7

[daytona]

Looking for opinions;
1. One spouse earns 90% of HH income, other is 10%.

2. Everything is seperate as far as debts and has been since marriage.

3. the 90% earner is way over means test, the 10% is way under.

If the 90% earner is paying 100% of their bills and there is nothing left over to speak of for the 10% spouse, can the 10% spouse file a CH7 for their debts only?

It is a non community property state and the "exemptions" work easily for the CH7 filer.

Obviously the tactic is to immediatley discharge the debts of the CH7 Filer and move on.

[mercedesc350]

Here was my situation: Married 5 years in 2008, I filed, wife did not. Between the two of us, way over median. Combined income of about $110k. Of that, about 55% was wife's, rest was mine. I had about $15k cc debt, and about $1200/month in toys: truck, Harley, camper. All our finances were seperate, including home mortgage which was in wife's name only. She also had/has $10k in cc debt plus her own car payment.
Things were a little rough--the trustee was a bit miffed at this whole thing. Really wanted me to go in to a Ch. 13. My wife wanted nothing to do with the whole thing, and made that clear in a letter to the trustee and court. Her money was hers, mine was mine, and she did not file BK so she wasn't playing. The trustee dropped their objections and my discharge went through within the typical 60 days. Don't know if this helps you at all, 'cause obviously things aren't the same income-wise. My wife was able to essentially say, "I've got my own bills to pay and nothing is left for my husband's debts."