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Want to file Chap 7 but over income, anyway around this?

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    Want to file Chap 7 but over income, anyway around this?

    I would like to file a chapter 7 on my own without my husbands income which puts us over the means for a 7. Is there anyway I can claim 7 on my own without including his income? We are a family of 5, income on last year's tax return is $101k and we live in New York State. I want to wipe my slate clean and not enter in a repayment arrangement if possible.

    I work as a nurse (24 hrs per week) and my husband recently hurt his back at work (General Motors) and is completely out of work and on Worker's Compensation. We have 3 kids, one who will be starting college in September, the other two are 15 and
    13.

    My debit is medical bills, credit cards, student loans all in my name and a repoed SUV with a balance of $9,000 on a truck I only drove for 7 months then did a voluntary repo.

    Our mortgage is in my husbands name. We also owe $5k in taxes from 2010 and 2011.

    If i knew if we could both file and do a Chapter 7, I would definitely go that route.

    Any suggestions on a good lawyer in Rochester, NY???

    #2
    Last years income isn't important. For means testing purposes it's the last 6 months income before filing.
    Sounds like a serious reduction in income could allow you to file a Chapter 7.
    Most bk lawyers give a free or lowcost initial consultation. SPeak with a few and see what they say.

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