Question Massachusetts exemptions when only one spouse is filing

[ahcomeon]

My wife is likely going to have to file BK7. She has 50k in credit card debt and about 20k in medical expenses. I have only about 10k in credit card debt and would like to avoid BK over that small of an amount. Question is, are most exemptions doubled? I understand the homestead exemption would not be doubled. Mass allows for a $7500 vehicle exemption (doubled to $15,000 for a disabled individual). We have two vehicles with approximately $18,000 in positive equity. My wife is disabled by social security guidelines. So if I am lucky and the vehicle exemptions are doubled both of our vehicles are safe, correct? Both vehicles are now and have always been in my name only.

Also, for purposes of calculating our income is the amount my wife receives on behalf of our two children counted as income? She receives $1500 monthly (SSDI) for herself and then approx $750 monthly for our children.


Thanks for any feedback.

[SMinGA2]

I'm not sure how to help on the income question - except to suggest that you both do consultations with a few local attorneys. Even if she is the only one filing, I think it would be good for you both to be involved. Two minds are better than 1, as the saying goes.

For the property - if the cars are in your name only then they're both 'safe' as she owns neither. Unless its a community property state, and then it could be argued that you each own 1/2 the equity.