Please eval my situation

[wm7888]

I have been reading this forum awhile but here is my story and I hope you guys can help me.My wife is thinking about filing chapter 7 she has been without a job for 6 months and has numerous aps out there but no takers and she is getting further behind.We are a family of 6.I make about $5,500 a month and have no problems making the bills that are in my name but I have none left over for her.Here is my question.Her debt is $65,000 mostly CC and a couple of medical bills,her assetts are a mini van paid off,truck with negative equity,so she should pass the means test with ease,The house and property is in my name and hers so how will that be affected.Will chapter 7 be the right choice for her.She needs a fresh start and this seems to be the only choice.We live in Georgia.Please any help will be appreciated.

Thanks,
Don

[AngelinaCatHub]

This is a tough one. You see, you are married, and what you contribute goes to her Gross income as well. I don’t believe you can break it into two entities for bk, but you can try. I have heard it being done but not with the amount of money per month you bring in. Perhaps a 13 but you certainly will still get your credit dinged as well. A lawyer is your real solution. ‘Hub

[wm7888]

Thanks Hub,I know I will be affected to and that my gross income counts,but even if you add all the bills up we will still be in the negative.We are no where near the family of 6 for the means test and I'm not worried about being affected.How will my home be affected being its in both of our names?Will it just become my responsiblity.I am not behind in any bills except her $65,000 in CC and they can have all her other assetts.The home and property is all that have both our names on it and by the way I have scheduled a free consult it will be tomorrow.This board is awesome thanks in advance for your help.

[AngelinaCatHub]

Thanks Hub,I know I will be affected to and that my gross income counts,but even if you add all the bills up we will still be in the negative.We are no where near the family of 6 for the means test and I'm not worried about being affected.How will my home be affected being its in both of our names?Will it just become my responsiblity.I am not behind in any bills except her $65,000 in CC and they can have all her other assetts.The home and property is all that have both our names on it and by the way I have scheduled a free consult it will be tomorrow.This board is awesome thanks in advance for your help.

[wm7888]

I live in georgia.They are going after her not me I may have confused you know one has bothered me.I just dont want my home or property messed with and thats why I was only thinking about her filing.This is the only thing in our marriage that has both our names the rest is either hers or mine.I can pay off all the bills like home,utilities and normal debts,but the credit is going further in the hole and they told her yesterday they are going to file a law suit.I know these are good questions to ask my lawyer and I will tomorrow,but this site has such good info and people.