Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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?
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?
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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