Sorry for the repost, but I guess I wasn't specific with my question in my first post. Our lawyer is recommending my spouse and get a seperation from each other and file our Chapter 7 seperately (all of our debt is joint) so we qualify for a Chapter 7 (our combined income is too high for chapter 7 and we don't want to file a 13). We were told we would have to establish seperate addresses, bank accounts, etc. although we would still remain married. My question is: is this legal? Are there any pitfalls in taking this route? Already in enough trouble without looking for more. Thank you.
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My 2 cents: I wouldn't personally do what you're suggesting. All it would take is one person reporting to the trustees office after you are discharged that you are back to living together, and that you separated only on "paper" so that you could qualify for a Chapter 7 and it could get ugly. Would it happen? Who knows. But perpetuating a fraud upon the court isn't something I personally would do.Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions. -
Great answer. The only thing that I would like to add is that in bk, your job is to be totally and completely honest. The advice that you were given is in direct contradiction to that.Originally posted by newbie2 View Post
Find another attorney....All information contained in this post is for informational and amusement purposes only.
Bankruptcy is a process, not an event.......Comment
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szzbrwn6 - if I may add...even in the strongest marriages, this whole process is a stressor...separate on paper only...could that go where you don't want it to go...legal issues aside?Comment
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I sure would find me another attorney!! Sure bet if you did that and there was trouble, he ain't the one gonna get nailed!Filed CH 7 4/15/11
341 5/23/11
DISCHARGED & CLOSED ON 7/27/11
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From what you indicated in your the other thread about your household income and your wife only making 1K per month, YOU make too much to file chapter 7 alone. When you have a household of two, the median income threshold is higher (this helps you) and the allowed expenses are higher (this also helps you).
Originally posted by szzbrwn6 View PostThere are two secrets for success in life:
1.) Never tell everything you know.Comment
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