Separation and Bankruptcy

[goingnuts]

[JoeBankrupt33]

Ditto

1. You can file jointly if you are legally married, which you are. You can choose to file separately if you want to.
2. We filed together, and we were under median together, so we didn't need to go into the rest of the means test. This would be hairy, I think. You would have to be able to claim double expenses for the housing and utilities, and I'm not sure how that's done. For schedule I, we had both incomes listed. For schedule J, we had 2 separate forms. On line 14 of my schedule J, I put down the $2000 a month that I give her as "alimony, maintenance, and support paid to others." On her side of schedule I, the $2000 appears as income on line 10. This amount is not listed in the means test on line 8 or 10 if you file jointly.
3. That sucks. It seems like you might need to get your divorce first and list court ordered alimony and child support on line 28 of the means test. This will reduce your income and hopefully put you back in ch 7 territory.
4. We have the same situation - my expenses went on my Schedule J, hers went on her Schedule J. For the rent, even though her place is in my name, she pays it out of the money I give her, so it's her expense. List both bank accounts on the Statement of Financial Affairs and both accounts as an asset on Schedule B.

Good luck.

[goingnuts]

Thanks for the information. I really appreciate it.