do I qualify for ch.7?

[virginian]

my salary is about $62000 and I owe about $50k in unsecured debt, $17k in auto, and $20k in student loan. I am married and the wife goes to school and she doesnt work. I had the debt before the marriage. I want to file individually so that my wife's credit does not get effected by this. I live in Virginia. I hear there's a means test. I know nothing about bk ch.7. i have always been paying bills on time and my credit is excellent. but now I start to struggle. After paying all bills, I end up with almost no money for food. I cant afford to get an apartment, so I live in my parents home. I dont want ch.13. Do I have any chance at passing means test and get approved for ch.7? Thx

[JRScott]

You don't provide enough information really.

If your househould is only 2 people and you make 62k a year on a generalization you'd be a chapter 13 I believe in the state of Virginia.

Whether or not you can pass the means test would depend on your expenses. There are allowed expenses and then allowed amounts for them. You can exceed the allowed amounts but in doing so you best prepare for a fight with the trustee and be able to prove the excess expenses.

I'd attempt to take the means test if I was you. Got to the US Bankruptcy website for your district and you can generally spot a place to get it and then fill it out and see how you end up. If you have as little as 167 dollars left a month they can put you into a Chapter 13.