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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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My wife filed for bankruptcy protection and divorce at the

Resolved Question:

My wife filed for bankruptcy protection and divorce at the same time in May. She has a biweekly net income of over $1300.00, approx. $2700 per month and she received child support of $500.00 each month. She also charges me rent of $280 per month and charges my daughter $60 per month for her cell phone. This is a total monthly income of $3500.00. All of her total monthly expenses (mortgage, utilities, credit cards, insurance, etc) come to $2100.00 per month. Her mother recently passed away (August) and she is one of three children entitled to an equal portion of the estate. The total value I am not sure but a quick estimate would value the estate at around $150,000.00. How can she file for bankruptcy? Is this not fraud?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.
Hi JACustomer,
1) Did your wife file a Chapter 7 or a Chapter 13 Bankruptcy?
2) How many are in your wife's household?
3) What is your wife's gross monthly household income?
Customer: replied 5 years ago.

She originally filed a chpt 13 and was to have a hearing of creditors on Oct. 4th, but she has changed to a chpt 7 and I believe it is to keep me from obtaining any marital assets or home equity. Her household includes herself, 2 children (one mine and one from a previous marriage) and I do not believe she is claiming me, because I would have thought that I would have been included in the bankruptcy. I was however sent a letter from the court that she has claimed me as a creditor.


Gross monthly income from her employer is approx. $3750.00, child support $504.02, rent from me $280.00 and from my adult daughter (not living in the home) $60 for her cell phone. Total gross is $4594.02 per month. Below is the gross monthly expenses.


May 1, 2011
Mo PymtBal
Mortgage718.12 $77,603.33
Home Equity Loan - US Bank98.06 $29,604.94
Water, Electric183.00
Vectren Gas123.95
Cable, Internet128.03
Allstate Auto Ins62.00
Visa - Chase (8733)245.0012280.71
Visa - Chase (2395)130.00 6,715.00
Visa - US Bank (9442)170.00 9,825.00
Visa - WaMu Chase (4178)50.00 2,266.90
Lowes15.00 63.00
Sams Club15.00 300.00
Total$2,061.24 $138,658.88

Expert:  cfortunato replied 5 years ago.

To qualify for a Chapter 7, the Bankruptcy filer can gross up to $5,021 per month for a family of 3. (Expenses are not taken into account for this.) So your wife is within the income limit to file a Chapter 7. This means there would be no abuse of the system in her case.

However, she will likely have to surrender some or all of her inheritance.


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

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