Welcome to Just Answer! My name isXXXXX very much enjoy what I do and I hope that you will benefit from this information.
To determine disposable income, one must calculation current monthly income (CMI) by adding and averaging a debtor's income for the six months proceeding the bankruptcy. However, a debtor's non-filing spouse's income is included only to the extent to which it is contributed "on a regular basis for the household expenses of the debtor or the debtor's dependents." 11 USC 101. Consequently, income that goes towards the sole benefit of the non-debtor spouse or some other non-family beneficiary isn't included in the CMI calculation.
So, look at your income and see what portion can be excluded from the means test calculation. If he still does not qualify for chapter 7, then he would have to go for a chapter 13 repayment plan where he will pay 3-5 years at cents on the dollar.
Since the debts were incurred prior to marriage they are his separate debts and the creditors have no right to come after your separate assets even if you are in a community property state.
If you need more clarification or follow up information, please feel free to write back as there is no extra charge. Otherwise, please click on the ACCEPT button. Even if you have put in your payment information, I receive no credit for my time unless you press "ACCEPT". Sometimes the law does not give you the outcome that you may have anticipated. Please understand that this is not the attorney's fault. We are assuming that you are paying for an honest and professional opinion.
Please know that there may be a delay between your follow up question and my answers because I may be helping other customers in the meantime. Rest assured, I will get back to you. If you feel that I went an extra step to help, a bonus would be greatly appreciated! This information is provided so you may better discuss legal issues with your attorney. Consult a local attorney for legal advice before acting. You may be able to find an attorney in your area to further assist you at http://www.martindale.com/ or at http://www.lawyers.com/ .
You can always request me for a future question by starting your new question with "This question is for Maverick".
Thank you for the opportunity to assist you.
Since you are married and some of the debts are after marriage, it may effect your credit score and/or the BK may show up on your credit. But, you should no be held responsible for debts before your marriage.
He should close the credit card accounts asap.
Yes, you should separate the debts before and after wedding date.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).