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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I have been married 8 months. My new husband informed me he

Resolved Question:

I have been married 8 months. My new husband informed me he needs to claim personal bankruptcy on the debts he incurred prior to our marriage. We live in AZ a common property state. We do not have any money/bank accounts co-mingled. We do not have any credit cards together. I bought my home 6 years ago and the mortgage/title is only in my name. I am self-employed with no other debt and excellent credit. Besides regret he did not complete the bankruptcy process prior to our marriage, what can be done to protect me,my credit, my home and my income from his creditors ?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 5 years ago.

Thank you for your question. I am happy to assist you.

I am a lawyer with 25 years experience. While I am permitted to provide you with legal information, I am prohibited by and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open and nonconfidential forum.

Unfortunately your income will be considered in determining whether your husband qualifies for a chapter 7 bankruptcy.

In order to file a chapter 7 bankruptcy, your husband must pass a means test that compares your family income with the median income of the family of the same size in your state. If you are at or below the median income, you pass the means test in are eligible to file a chapter 7 bankruptcy. If you are above the median income, you must pass an additional test which compares your disposable income and unsecured debts.

The median income in Arizona for a family of two is $55,489. If your income exceeds this number, you may want to consider filing for divorce prior to your husband's chapter 7 bankruptcy.

Ellen and other Bankruptcy Law Specialists are ready to help you