Making too much to file Bankruptcy under Chapter 7?

by **vemados** » Sat Apr 02, 2011 5:25 am

I attempted to file Chapter 7 today but because of the new bankruptcy laws it seems that I make too much money to file. I was offered Chapter 13 but really despite the law that says I make too much...I really don't have any extra funds to pay. I am married but filing bankruptcy by myself however the courts look at both incomes. What are my alternatives?

by **scirwode** » Sat Apr 02, 2011 5:28 am

I attempted to file Chapter 7 today but because of the new bankruptcy laws it seems that I make too much money to file. I was offered Chapter 13 but really despite the law that says I make too much...I really don't have any extra funds to pay. I am married but filing bankruptcy by myself however the courts look at both incomes. What are my alternatives?

In this situation you could get a legal separation from your husband (You would still be married). You can file a co-application. On this application it asks for you to separate out all of your debts owed and who is responsible.
Once this is done you can file chapter 7 because your spouse legally is no longer applicable for your debts which would also mean so is wages.

It takes a two page piece of paper, couple of hours at the court house, and about $300 to do this.

by **ricard83** » Sat Apr 02, 2011 5:31 am

The court looks at you as being married and your husbands income can be used to pay back your debt.
You may not like it... but ultimately when you are married you share the good and the bad.

Do the chapter 13 and take on your responsibilities. You spent it now it is time to pay at least some of it back.

by **ricki** » Sat Apr 02, 2011 5:37 am

Agree to take responsibility for your debts and file for 13 and work out a payment plan.

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