newbie and i need advice

[mizpattis]

My husband just left me this past weekend with no warning. we have been in a steadily worsening financial crisis since he had a heart attack last year. he finally has been able to work this year but the company he works for has been badly effected by the economy and his pay is at least 1/2 what is was prior to his heart attack. i new he was really depressed but i had no idea he was leaving and now i'm in a mess as most everything is in my name. my questions are -- i know i can file bankruptcy alone, but would i have to count his income even though he is out of the house now? If i do how long does he have to be gone before i don't have to count his income? I may barely squeak by for chapter 7 with no means test if i don't have to count his income, but there is no way i could if i have to count his income. The other question is do i have to be legally separated to file alone? or just have separate residence. This is a really horrible time right now and i would appreciate any and all advice. Also our 18 and 20 yr olds are still at home, both just graduated from tech this week but don't have jobs can i count them as household members? thanks for any replies

[AngelinaCatHub]

I am so sorry for you. In this economy, there may be more stories as yours. Has hub gone off the deep end or have you been having problems other than the problems you have mentioned. If he contributed in the last six months you will have to use that as an average, however, you have certain situation as you now have no income. That changes things a bit. Yes you can use your two adult children as they are not 25 yet and college students or just students even though they just graduated. Close enough. They are under your roof and you will be feeding them the best you can. Check out www.angelfoodministries.com as it is a wonderful wholesale food and all very good. This may help a little.

As far as filing, you can file alone but the bills are both of yours jointly and will linger with him. I hate to say this, but you are in need of real professional help legally. You have some unique challenges. I sure wish you well. ‘Hub

[Phillymanhere]

One standard step people on this board recommend is for you to schedule 3 or 4 consultations with bankruptcy attorneys. Find attorneys who specialize in bankruptcy or who do a lot of bk cases. You can usually meet with them for a free consultation 30 minutes to an hour. You can pose all your questions and get started on figuring out what to do.

But hopefully others who know about this aspect of the law will weigh in shortly.