if Married does the median look at BOTH salaries?

[Scream2Death]

I make 10,000 a year and my wife makes 30k a year

if i was to file bankruptcy will they look at my wife's salary so they can force us into chapter 13 than chapter 7?


currently my debt is

30k (co-signed with my son, unsercured Chase personal loan 800 permonth)

12k in credit card debt - monthly payments of 200

basically 1000 per month on a 10k salary per year indiviudally


if they count both of us, do we pass the median income that bk measures with?


thanks everyone for the help

[SinkingFast]

If you're gonna file BK separate, it's kinda like filing taxes separate.

Initially, the paperwork will start out showing you're wife's income, but it will be backed out later on. Then you'll list just your share of the expenses.

[Scream2Death]

thanks again sinkin fast!

just curious , my father doesn't speak good english at all.....can my father's lawyer represent him when speaking?

sighhh

[SinkingFast]

Honestly, I don't know what type of allowances the Court makes for the need for an interpreter. You might want to call the Clerk of the Court's office and ask how they typically handle that type of situation.

You should be able to find the Clerk of the Court's contact info on your Court's home web page.

[spell]

The means test will look at your joint household income.
But it also looks at your household expenses.

Don't confuse needing to run the means test (income > median) with failing the means test. If your income triggers it, there are many many allowable expenses.

[bige1030]

You're good, even with your wife's income. The median income for a 2-earner household in New York is $51,994. (In fact, you two together make less than the median for 1 earner! That median is $42,896.)