Complicated Married Wife Filing Separately on Her Own

[baker]

PS-you're not expected to use credit if you don't have BOTH the intent and ability to repay it.

I guess I have found the true worth of the advice on this web site. Frankly, I find this assertion while probably technically correct, practically absurd. Are you getting this opinion from some past legal counsel ? The 3 attorneys we have spoken to don't seem to find an issue here.

We had the ability to repay right up until the minimum payments nearly doubled. Household income (i.e. MY income) was affording us the ability to repay the debt and the new bankruptcy law very clearly accounts for this in the fact that the means test forces people in our situation to account for household income. We are only deducting from CMI that portion of my income that is used for MY personal debt obligations thereby leaving the rest of my disposable income to the scrutiny of the means test. It just so happens that the rest of the IRS allowable deductions leave us under the threshold for eligibility for Chapter 13.

Like I said, it's pretty difficult to prove we didn't have BOTH the intent & ability to repay when we very clearly did for better than 3 years. At least that is what our attorney tells us.

[baker]

Sorry, double post..

[SinkingFast]

PS-you're not expected to use credit if you don't have BOTH the intent and ability to repay it. In my opinion, that is not completely black and white. I don't know if having reason to think you'll have the ability soon is enough for example. But, if someone does not have income and knows that will not change...

I think "hoping to have the ability to pay" counts for something.

We saw enough attnys and went thru enough inquisitions where we told our story over and over again. It's like once they are satisfied you are not in their office under the pretense of fraud, they will counsel you. But first, you must tell them your story and answer their questions. Some very pointed questions. All the attnys asked many of the same questions and each attny asked different things as well.

I finally guessed, and this is only supposition on my part, that the questions we were asked by attnys may be the same types of questions we will be asked by our Trustee and the Judge.