Medical expenses for kids that come in wifes name

[Lenny.Brown]

Hello Everyone

I am going to try and file Chapter 7 alone. I have 105k in CC's and 50k in student loans. i know student loans are not dischargeable. However my son had leukemia and his yearly medical bills have been very expensive and our share each year for 3 years has been 5k.

When I file can I include his bills even though they come in my wifes name? Thanks in advance for everyones help.

I live in Maryland if that helps any.

[magyar123]

First of all, please accept my sincere "my thoughts are with you", and prayers for your son.
As far as your bankruptcy is concerned: Why are you filing in your name only and not jointly?

[Lenny.Brown]

Thank you.

The medical bills are a small portion of the outstanding unsecured. We are trying to pass the means test and if she files we are unable to include her $1,000 a month student loan payment. Also, we can reduce her income by continuing to contribute to her 401k. If she filed with me we would lose over $2500 in deductions in determining if we pass the means test.

Unless I am missing something this is the better route to take. We will be left with about 10k worth of CC bills unless we can somehow pay them off while we wait to file. Our minimum payments without interrest on some of the cards were $2,000 a month and they will be resetting over the next couple of months to include interest.

I will be consulting with some lawyers over the next couple of weeks and will miss my first payment next week because I have no more room on my LOC.

[justplaintired]

I first also want to let you know my heart does go out to you and your family. I pray your son will be fine.

Now I think you're on the right track find a good attorney and meet with a few. I am still not sure what you're saying about including your wife. Are you saying you're over median income by $2500 and that's why you're not filing together? Have done the expense side of the means test?

Good luck!

[Phillymanhere]

Lenny,

You've got to say more about why you aren't filing with your wife. I couldn't quite follow you. You can still successfully file for bk and get your debt discharged if you are over the median. The median is one qualifier. It's not the total qualifier.

[Lenny.Brown]

Combined we make $170,000 for a family of 5. Over the past 4 years we never made over $120,000 due to neither one of us having a job for a full year. Mainly my wife for taking time off to have the kids and when my son was sick.

If I file alone I think I am able to shelter more of her income in order to pass the means test. If we file together her 401k and student loan would not be deductible items which would add back $2,500/month.

We make good money but our expenses are pretty high also. When doing a budget we are left with nothing ($500). We will be able to manage things better after bankruptcy because we cannot refinance due to a declining market and our ARM resets next year and that will add another 400 or 500 a month.

I don't see any other way but to go at it alone.