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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I just learned friday that we were approved for the HAMP program.

Resolved Question:

I just learned friday that we were approved for the HAMP program. my original monthly mortgage was 2300.00 per month and taxes and home insurance were not included. the lender
based on my earnings (they excluded the business earnings because we are closing the
business) and now have said that the total monthly mortgage would now include the
mortgage,property tax and homeowners insurance to 3104.00 per month. My take home
pay is about 1800 every two weeks, my husband SSecurity is 1312 and 312.00 for a small
pension...but i have all the other debt that is about 1000 per mo in credit cards, 800 to
irs on past 941 and personal plus a car payment of 721.00............hence, i can see a
short sale in our future.
question: we don't qualify for a BK together however, can one of us, my husband
can he declare bankruptcy and file for his share of credit card debt. the car is in both our
names...we have 2 other cars that are paid off.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.

Hi JACustomer,

1) What is your gross bi-weekly pay?

2) How many are in your household?

3) Is the $312 pension the monthly or bi-weekly figure?

Edited by cfortunato on 2/6/2011 at 5:22 PM EST
Customer: replied 5 years ago.


1. my bi-weekly gross pay is 2782.00

2. my husband and myself

3. the 312.00 pension is monthly for my husband

also he gets social security for 1412 - 96 for medicare = 1312.00


one other question: i have around 23m in credit card debt. part of it is my husband

and part of it is mine. together i don't think we can declare bankruptcy.

however, could my husband declare bk by himself and include the credit card debt?

Expert:  cfortunato replied 5 years ago.

When filing a Bankruptcy, the court takes considers the total gross yearly income of the entire household, even if only spouse is filing. However, given the information you provided, you and your husband, or your husband alone, can file a Chapter 7 Bankruptcy, as Social Security income is not included in the Means Test income calculation. Accordingly, your gross monthly income is within the Means Test limit, which is $5163 for a household of 2 in California.

However, both of you will need to file to completely discharge the joint and marital debts, as if only your husband files, you will remain liable for any joint and marital debts. (The marital debts are the ones that were incurred during the marriage, even if in your husband's name only.)

I think this is what you wanted to know. If not, please let me know.
Thank you!

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