My attorney has given me 2 options

[Aces45]

My spouse has no debt except our mortgage which is almost paid off and current. I carry all the CC debt to the tune of 60K. On my income alone I qualify for a 7. When my spouses income is added in I only qualify for a 13. That being said, my spouses income still isn’t enough to tackle this debt without a bankruptcy. I’m filing only in my name. My lawyer says I need to decide if I want to separate and do a 7 or file in my name as married and do a 13.

opinions?

[despritfreya]

I would never advise my client to separate or divorce for the purpose of "qualifying" for bankruptcy. To me, any separation or divorce must be real. If the marriage is on the rocks then maybe ok. Attempting to manipulating the system is tantamount to perpetrating a fraud. Are you going to lie if the right question is asked about the separation?

Other consideration. . . even if you separate now and her income no longer supports the household, you will have to wait until your six month average drops enough to allow you to "qualify". Remember, determining your CMI covers the 6 full months before you file.

Maybe talk to other attorneys in your location before you decide on anything.

Des.

[Carmella]

Did you mean separate as splitting up the marriage? Or did you mean you have the option to file only in your name for Chapter 7. A legal separation sounds extreme to me unless you were planning to divorce prior to seeing this attorney.

I worked with someone whose spouse filed for bankruptcy and she was not included in it. It was long before I ever thought I would wind up in BK so I don't know if that was 7 or 13.