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Can you and your spouse file different 7 and 13?

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    Can you and your spouse file different 7 and 13?

    I was thinking about this today but was unsure so I wanted to ask...is it advisable, or possible for a married couple to file seperate chapters?

    Wife 50,000 annual= chapter 7

    Him 90,000 annual= chapter 13

    All unsecured debt, some his, some her's and some joint.

    Is this possible or advisable to do? I am new to all of this so I have no idea.

    Thanks

    #2
    Sounds like a good question for a lawyer. If you file chapter 7 alone, I think you still have to declare his income on your means test. You get to deduct his allowable expenses too though.
    There are two secrets for success in life:
    1.) Never tell everything you know.

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      #3
      Originally posted by debee View Post
      Sounds like a good question for a lawyer. If you file chapter 7 alone, I think you still have to declare his income on your means test. You get to deduct his allowable expenses too though.
      debee is correct. You live in the same household and share all utilities. It is possible for one to file and the other not to, is true. It is possible to file a 13 right after a discharged 7 (known as a C20). But to mix the match, either one will fly or the other may fly but not both. Like mixing apples and oranges and getting prune juice. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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