Ch. 7 or 13?

[Estabinki]

My fiance and I are thinking of getting married soon, and file Ch. 7 as husband and wife.
Even though most of our debt was incured before we were married we can still include all of it, right?
Also, if we are over the median income (he makes twice of what I make) are there still exceptions to be able to file Ch. 7, or since we are over the median income do we have to file Ch. 13?

Thanks for any info!

[JRScott]

1. Yes all debt would be included regardless of when it was incurred.
2. It is possible to file with more than the median income and achieve discharge in a Chapter 7. However it depends largely on many factors. Generally to see if you qualify for a Chapter 7 with above median income you need to completely fill out the means test. (If you have a lot of secured debt, ongoing chronic medical conditions etc it is generally easy to do, otherwise you might be forced into a Chapter 13). Your best bet might be to go and talk to a bk attorney in your area, most give free initial consultations and see what they think of your situation. (See 3-4 actually).