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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2815
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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Married - not filing bankruptcy jointly. Does my husbands

Customer Question

Married - not filing bankruptcy jointly. Does my husband's income have to be used when seeing if I qualify to file a Chapter 7?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 6 years ago.
Hi and thank you for your question. The means test calculation on your bankruptcy forms requires you to list down all household income, regardless of the source. So yes, his income would need to be added in for that chapter 7 means test calculation. You can take a marital deduction for non-household related expenses that he has specifically in his name though. You should meet with a local bankruptcy attorney to help advise you of the correct figures to use and get you all of the deductions you are entitled to, so you can hopefully file the chapter 7.

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