Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Is your husband retired, or is he still looking for work? If the latter, is it anticipated that he will be able to find work within the next year?
If you decide to file a Bankruptcy, you would be able to file in Oregon once you have lived there for at least 90 days. 28 USC 1408(1).
To pass the "Means Test", you and your husband's combined gross monthly income has to be less than $4,555, but as Social Security and unemployment income do not count, I am sure that you do qualify to file a Chapter 7 Bankruptcy.
The general rule is that you are supposed to stop borrowing once you know you are going to file, and the Bankruptcy court does not look at the use of credit for every-day essentials. When they look for fraud, they look for purchases of luxury items of more than $600 per creditor within the 90 days before filing, or cash advances of more than $870 within the 70 days before filing. Bankruptcy Stat. 523(a)(2).
Given the information you provided, you should not have any problems if you file. If you decide to do so, you should call the Oregon Bar Association and ask for a recommendation for a Bankruptcy attorney. The number is 1(NNN) NNN-NNNN/strong>.
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