New to BK, talked to lawyer today.

[cash]

I went today to discuss everything and he seemed ok with us giving back the house and filing chapter 7 on everything. I am not convinced I could file due to income. We are a 3 person household in FL (34639), not married and she has a child. I gross about 3500 a month or 2550 net a month. My fiance has had several jobs since being laid off last year. She now makes 2200 gross or 1730 net a month. We haven't paid our mortgage in six months, we have two repoed vehicles totaling a deficiency of $9000 and $4000. I have about $2500 in CC. If we file it will be seperate, she of course has CC in collections and a school loan. I tried the Means Test on Nolo and I get confused. Should I be concerned?

[tcreegan]

Hi cash,

The debt you mentioned is not very much for a typical Ch 7, can we assume it is the house that is killing you? 1st, 2nd, underwater?

not married You are still a household of 3 This would come into play where you had joint debts with S.O. and only one of you files.
More importantly, we need a guru to weigh in here: Can unmarried couples file a joint BK?

Florida household of 3 median income is $4864 monthly. Your household income is $5700 So you need to fill out the whole means tests and get enough legit expenses to bring your monthly income down to $4864 or lower. Doesn't sound like that would be too hard for someone in Fla with a kid. Alternate scenario, you file Ch 13 instead of Ch 7.

and a school loan This ain't going nowhere, student loans are not discharged in a BK

Just some thoughts, you really need someone knowledgeable about Fla law regarding the living situation, household vs individual, common law marriage, that sort of thing....

Tom in Colo

[keepmine]

Only married couples can file a joint bk.

[cash]

I figured we wouldn't file jointly and that was never a concern. The house is killing us and is $1785 a month. Put on top of that a truck payment of $630 and daily expenses. I don't want to file a 13 at all. I want to walk away from the house and the debts and start over fresh.