Newbie and means test

[Vanilla133]

Hello all...I am new to bankruptcy and have learned so much on this site. Thank you for the great info!

My question is this...I want to file ch7 without affecting my spouse. I have learned that I have to include her income which is causing issues. I would qualify easily by myself but her income puts me over on disposable income. She pays her bills and I pay mine and if I had to ch13 it would not work because all the disposable income is hers and I know the courts would make my payment based on that so it has to be ch7.

When you subtract our income from bills we have approx 1100.00 left over. Take out the IRS standard for a family of 3 and we are in the negative but then I have to add back in the payments on my CC's and medical bills that I will be bankrupting which is 811.00 and we are back to being over by 700.00 and some change.

I need to make an appointment for a consultation with a lawyer but wanted to hear from you all to see if I even have a chance at ch7. I know I can plan this out with increasing life ins and other payment increases to close the gap but is 700.00 disp income just too much to overcome?

Btw...i have over 30K in cc's and medical bills that I need to bankrupt and am current on all my bills but am making minumum payments with not much left over. Our house is in both our names and we don't have 10K in equity. I feel if I do not do something now I will be in the same boat 10 years down the road.

Thank you in advance for any thoughts on my situation.

[outsidetool]

My situation was similar to yours.
I was filing, wife of 6 years refused, though her credit situation wasn't very good, either. House is in my wife's name only (a difference compared to your case).
We always had seperate checking accounts, and paid our "own" bills, though obviously there was some overlap (power bill in my wifes' name, which I would often pay, etc.)
As in your case, if my wife's income was taken out of the equation, I would have easily qualified for Ch 7. But with her income we/I was WAY over median.
Essentially, my wife made sure that adequate expenses were in the budget for her needs...including xmas gifts, etc., as she usually spent. Plus her credit cards, penchant for new clothes, etc. In other words, she wasn't planning on suffering for MY poor financial decisions. We made it clear to the court and trustee that SHE did not file BK...and her $$$ weren't being used to pay my debts. Now, of course, it's tough here to go into all the particulars...but it worked. The fact is my wife was not AT ALL happy about the potential to be dragged in to my BK filing, and there was a very real potential that our marriage would not survive a 5-year payment plan. That point, also, was impressed upon the trustee. My wife wrote'm a letter saying she wasn't playing. You need an experienced atty to pull this off. And the differences in your case may cause significant issues (both being on the house, etc.)

[IamOld]

Wow outside...and I think I have problems with the spouse....

My situation was similar to yours.
I was filing, wife of 6 years refused, though her credit situation wasn't very good, either. House is in my wife's name only (a difference compared to your case).
We always had seperate checking accounts, and paid our "own" bills, though obviously there was some overlap (power bill in my wifes' name, which I would often pay, etc.)
As in your case, if my wife's income was taken out of the equation, I would have easily qualified for Ch 7. But with her income we/I was WAY over median.
Essentially, my wife made sure that adequate expenses were in the budget for her needs...including xmas gifts, etc., as she usually spent. Plus her credit cards, penchant for new clothes, etc. In other words, she wasn't planning on suffering for MY poor financial decisions. We made it clear to the court and trustee that SHE did not file BK...and her $$$ weren't being used to pay my debts. Now, of course, it's tough here to go into all the particulars...but it worked. The fact is my wife was not AT ALL happy about the potential to be dragged in to my BK filing, and there was a very real potential that our marriage would not survive a 5-year payment plan. That point, also, was impressed upon the trustee. My wife wrote'm a letter saying she wasn't playing. You need an experienced atty to pull this off. And the differences in your case may cause significant issues (both being on the house, etc.)

[btbeme]

A good BK attorney can help you plan your Ch 7. The crazy-straw logic of the Means Test is meant to test your patience as much as your worthiness to file BK.

FYI - it is unethical for attorneys to recommend certain things that are perfectly legal for you to do. Ch 7 puts attorneys in a strange place serving two masters, but there are plenty who can help you better understand how the Means Test can meet your needs. For instance, a small lien on an otherwise paid-off vehicle can typically net you a nifty and perfectly legal expense that is worth its weight in gold. But I am not an attorney nor do I play one on TV.