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Can My Wife File w/o Me?

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    Can My Wife File w/o Me?

    While we both have debts, I have all the income now, and very few accounts are in both names. Can she file on her own? She is a stay at home mom. Would my income get included? I make $8K over the median with three kids.
    Filed 1/29/07 Chapter 7
    341 Meeting 3/2/2007
    Discharged & Closed 5/3/2007
    :yahoo: :yes2: :clapping: :yahoo: :clapping:

    #2
    Originally posted by Walnut View Post
    While we both have debts, I have all the income now, and very few accounts are in both names. Can she file on her own? She is a stay at home mom. Would my income get included? I make $8K over the median with three kids.
    Your wife can file without you. Your income will be added in to calculate the household income, but will be backed out later if the Means Test proves necessary. Any debt that you are a co-signer for will not be discharged if only your wife files. You will be held responsible to repay those mutually owned debts.

    Sounds like it's a good time to make 3-4 free appointments for consultations with local bk lawyers. You will learn a great deal about what the best long-term options are for your family that way, and hopefully find a lawyer that you feel will do a good job representing you. Good luck, and please keep us posted about what you find out!
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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