Spouse filing 7 alone, Do we include my income and debts for Means test

[cooperdoodle]

Husband has 1 rental foreclosure property (payment approx. $900 mo., it was our primary residence 3 years ago but husband had to relocate from Minnesota to North Carolina. We rented it out to 3 different renters. Each of them lost their jobs. We now rent out for just a small payment ($325) and the current renters know it is in foreclosure. He also has credit card debts. He is employed ($32,000 yr.) and just barely makes the means test (borderline). I have 1 credit card no late payments with only a $500 max. One student loan of $200 a month (currently in deferment) and a car payment on a vehicle I need to keep, payment is $319 a month. We also have a joint IRS tax payment automatically deducted from bank acct. of $275.00.

We prefer to have him file separately since I am current and no reason for me to file. So would we include my debts and income (I am currently unemployed and receiving $359 a week unemployment) to his even though I would not be filing? If we did, then we would easily be within the means amount?

We need to file because I am pretty much unemployable because I have MS and some other medical conditions. I have limited use of my right leg and arm for extended periods of time. Thanks for any advice you may offer.

[LadyInTheRed]

We prefer to have him file separately since I am current and no reason for me to file. So would we include my debts and income (I am currently unemployed and receiving $359 a week unemployment) to his even though I would not be filing? If we did, then we would easily be within the means amount?

Your income would be included on his means test. But, any of your income that you do not regularly contribute to the household is subtracted before determining current monthly income. See Line 17 of the means test.

[doodlesas]

If my income is included then also my debts as well, correct?

[MSbklawyer]

If my income is included then also my debts as well, correct?

You need to distinguish between your debts and your expenses. You seem to be thinking about them interchangeably, but they are different. No, your debts are not included in the bankruptcy unless you decide to file a JOINT bankruptcy and have your debts discharged along with your husband's. But yes, your expenses (including payments on your separate debts) are included for purposes of determining disposable household income.

[doodlesas]

Thanks, that makes sense to me now.

[Drazil65]

My husband filed alone and my income was considered but none of my debt. We had nothing joint including both homes (one rental and our primary).