Filing questions

[Staperk825]

[edwards2]

A lawyer can better answer your questions but I can tell you you can certaintly file on your own but if you do you husband will be affected if your names are both on the mortgage, etc. It doesnt mean he will lose his business even if you file a Chapter 7. An attorney will present your options to you. The criteria for filing a Chapter 7 depends on your disposable income; a Chapter 13 depends on how much you are able to repay to the creditors. Again, your lawyer will brief you(no pun intended) on all of this.

[SinkingFast]

I can give you some info on part of it.

Whether your file 7 or 13,........... If your married, filing single, both incomes are listed at the start of the Means Test. Just like when you file taxes jointly. Further on into the Means Test, the spouse's income is pulled out of the equation.

You cannot use the numbers for a household of 4. One parent is the custodial parent or taking the children as dependents on their income taxes. The other isn't. Whether you're single, or have one or 2 children will be totally up to the attny you select to file for you. So the max number you're gonna be able to take is 3.

How the business is structured will have a lot to do with how it's affected by the BK. If there's personal debt intermingled with business debt.

You're really gonna need an attny to sort all this out for you. I'd suggest you get several appts for Consults. Generally they're free and you learn a lot with each one you go to.

[kcj]

If you have debt in both your names, you both need to file. You filing on your own relieves you of the debt, but not your husband. They will just go after him for payment.

How it affects the business will depend a lot on how the business is structured. You really need a lawyer to lay out your options to be able to file on personal debt without losing the business.