I want to file for bankruptcy but I don't know if I can. I am married and I am not working right now but my husband is. Here's the catch... I want to file alone, but my husband makes above the median income for our state. (just barely). So I can't file chapter 7, right? And if I file chapter 13, how will the trustee get any money? Will they garnish my husbands paycheck?
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You may qualify for Chapter 7 even if your husband's income is over the median. You just have to take the means test, which basically calulates how much money you have left after necessities and bills to see if you have enough left over to do chapter 13. If you don'y have enough money left over for chapter 13, then you can file chapter 7.
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