Hubby & Wifey filing separately???

[caj0524]

I think this is an easy question... let's hope so.

Can my new wife file a Chapter 7 without me, while I file a concurrent Chapter 13 without her?

I have a previous 7 (and a divorce decree) preventing me from filing a 7, but we are under the median income and would qualify for a 7. Why build her unsecured debts into my 13 and make payments on them???

Thanks!

[AngelinaCatHub]

Well, you understand, no one here can give you legal advice. Only opinion. Since you are now marred, this may muddle the fuddle. Are you in a community state? I do advise, check out Internet and lawyers.

I think you both are bound to the same problems due to a legal contract called "marriage". Sorry 'bout that, but only my take on this. 'Hub

[HHM]

First, keep in mind that it is the the "household" that must qualify for a 7, not just your wife. Meaning, "household" income and expenses must satisfy the means test. For the sake of answering your question, let's assume your household passes the means test (note, that even though its only your wife filing chapter 7, your income still counts).

I don't think you can do it concurrently...think about what that means; your wife is telling the court there is no money to pay back debt and is asking for a discharge; whereas you are telling the court, we can pay $xx to creditors. If it really made sense to do seperate cases, the wife would file chapter 7 first, get her discharge, then you would file chapter 13.

Whether you should do seperate cases or file a joint 13 depends on the numbers...it is not about paying back her creditors, the monthly payment amount is going to be the same regardless if she files 7, thus, the only issue is, can you get out of your 13 sooner by having her file chapter 7. If the answer is no, then do a joint 13.