My spouse and I are going to seperate...long story. I am fairly certain that we will end up divorced with all issues resolved to essentially be an "uncontested" divorce. Our thoughts are we must remain adults for our kids and we have essentially "agreed to disagree" and move on with our lives. I earn most of the money for the HH and she is going to go back to work full time to support herself. (she is part time now)
Her income will likely be around 30k after full time work. Her plans are to file a CH7 on her cards, all in her name only. We have a paid off car in her name worth ~5k, some furniture to seperate and that is about it. (she should be fine with federal exemptions) No equity in our home or other significant assets to speak of. We will all remain living in the home (totally legal in our state, even while "seperated") until she can find a rental or somewhere to live.
My question is since we will be seperated can she file a CH7 based on her income only? If mine gets "pulled in" then we are way over the means test for Ch7. My cards and the mortgage are in my name only, although her name is on the title of the house because it has to be in my state. I may even have to file a CH13 myself, (which would be 100% repayment) but might be able to make it without doing so. (I have several recent "charge offs" and am entertaining settlement offers now, funds would come from family) We are NON Community property state.
So when we seperate, can she file CH7 based on her sole financials?
Her income will likely be around 30k after full time work. Her plans are to file a CH7 on her cards, all in her name only. We have a paid off car in her name worth ~5k, some furniture to seperate and that is about it. (she should be fine with federal exemptions) No equity in our home or other significant assets to speak of. We will all remain living in the home (totally legal in our state, even while "seperated") until she can find a rental or somewhere to live.
My question is since we will be seperated can she file a CH7 based on her income only? If mine gets "pulled in" then we are way over the means test for Ch7. My cards and the mortgage are in my name only, although her name is on the title of the house because it has to be in my state. I may even have to file a CH13 myself, (which would be 100% repayment) but might be able to make it without doing so. (I have several recent "charge offs" and am entertaining settlement offers now, funds would come from family) We are NON Community property state.
So when we seperate, can she file CH7 based on her sole financials?
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