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Can we file if spouse didn't lose job..just quit?

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  • Can we file if spouse didn't lose job..just quit?

    My wife and I homeschool our three kids. She was working full time night shift just to pay the credit card bills. (over $30,000 worth). The stress and lack of sleep was too much and we decided she should quit her job. Therefore we haven't made a credit card payment since May 2006. Can we file for bankruptcy even though she quit her job voluntarily?

  • #2
    Welcome to the forum.

    It's ok, bankruptcy is not slavery, you are not required to work, or be fired, in order to file BK. Also, since it sounds like she quite back in May, its been more than six months, so her prior income won't be considered in the BK.


    • #3
      I have a similar concern; I have only worked part-time over the last 4 years. Will my trustee question that?

      I'm doing a no-asset chap 7.

      12/12/06 - Filed No Asset Chapter 7 - 85K on CC's
      01/16/07 - 341 drum circle 02/06/07 -US Trustee Review
      03/19/07 - Objection Deadline - 03/21/07 Discharged/Closed


      • #4
        Your lack of work status has almost nothing to do with anything. It is understood that people do not want to be poor.


        • #5
          Both of you are eligible to file Bankruptcy.Just be sure you haven't used any of your credit cards the past 90 days or made any 'transfers' from one card to another or any 'cash advances' within the 90 days before filing BK.
          Good Luck to both of you.

          Filed Pro Se August 10,2006 :cry: 341 Meeting: September 19,2006 :blink: Last Day to Object: November 20,2006 :cool: Discharged: November 27,2006 :clapping: CLOSED: December 15,2006 :tongue:


          • #6
            If you research CATCHMEIFYOUCAN's situation you will see how the judge actually encouraged him (or her ) to work less just to avoid a chapter 13. I always found CMIYC's situation interesting and can't beleive a judge would say to eat out more and get a bigger apartment.


            • #7
              Catchmeifyoucan Here

              If you research CATCHMEIFYOUCAN's situation you will see how the judge actually encouraged him (or her ) to work less just to avoid a chapter 13. I always found CMIYC's situation interesting and can't beleive a judge would say to eat out more and get a bigger apartment.

              Hi !

              Quiet a "trip," and I wasn't sure who was "trippin, me or the judge, but he seemed cool. He said, the courts aren't forcing you to work 2 full time jobs, you could quit one job and convert to ch7, or basically find a way to increase you diposable income (eat out more, live in a more expensive place) - my rent in virginia is a thousand less than the IRS standard of living for housing (hey, what can I say I've got a good deal). He said, "I want you to submit another plan within 10 days." You see, my original plan was going to repay $250 a month, but the Trustee objected because sched I and J, showed I had $800 available (and of course that Means Test contradicts it and showed I had negative disposable income -$60). The judge didn't want to decide either way. So he was giving me a chance!

              Now, I'm practically 2 weeks away from discharge I HOPE I HOPE I HOPE!

              Good Luck, Catchmeifyoucan
              July 2006: Filed Ch13 :blink:
              Oct 2006: Converted to Ch7 :clapping:
              Jan 2007: DISCHARGED :clapping:
              Nov 2007: CLOSED :yahoo::yahoo::yahoo:


              • #8
                You know Wife quit, but that doesn't mean other people know that.

                She's a teacher. The end of a school year came and Wife did not go back to work when school started up again in the Fall.

                From what I know of Teachers who do not have Tenure and Teachers at private schools and such, contracts are offered annually for each school year.

                If asked, you could just say Wife's contract was not renewed. And leave it at that.

                But as HHM said, it's been over 6 months since wife worked. It shouldn't be an issue any way.
                Filed Ch 7 - 09/06
                Discharged - 12/2006
                Officially Declared No Asset - 03/2007
                Closed - 04/2007

                I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...


                • #9
                  You/your wife don't have to work to do BK. Your wife is allowed to be a SAHM. If you can't pay your bills on what you make, then you can't. The judge generally doesn't care about that at all. If your income has been over the median for the last 6 months, then would be a presumption of abuse, but my attorney told me that in my case and in all others she has handled she just files a form saying that the second income no longer exists and that the filers are now below median and that is that.
                  Filed 4-21-2008
                  7/16- DISCHARGED!!!!


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