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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Dave, I am married (for 1 year) and want to file chapter

Customer Question

Dave,

I am married (for 1 year) and want to file chapter 7 bankruptcy. Please see my previous questions for background.
My wife does not want to participate in the bankruptcy and does not want her income considered or have my action affect her credit status (although she declared bankruptcy 7 years ago).
My question is: If I file chapter 7, can she be completely excluded from the case and any after effects? All related issues are in New Hampshire, and we both live there in my house.
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 2 years ago.

Hi JACustomer,

Dave cannot answer this question because it involves Bankruptcy Law - which is a category that Dave is not certified in.

Would you like someone else - who is certified to answer Bankruptcy Law questions - to answer your question?

Customer: replied 2 years ago.
Yes, Please have a certified person answer the question...Thank You
Expert:  cfortunato replied 2 years ago.

Thank you for your response.

My name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.

If you file a Bankruptcy, and your wife does not, your Bankruptcy will not be entered on her credit report, and your Bankruptcy will have no affect on her credit score. However, you do have to consider her income when determining whether or not you qualify to file a Chapter 7, but this is the only thing that her income would be used for (determining whether or not you qualify to file a Chapter 7).

 

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

cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.
Chris,

Thank you for the response. Just one follow up question:
If I am unemployed, and my wife has just gotten a job which pays $72,000 per year,can I still qualify for chapter 7 (assuming I qualified before she got the job)?

Thanks,

Bob Kugler
Expert:  cfortunato replied 2 years ago.

Thank you for accepting my answer! And thank you for the bonus!

1) How many are in your household?

2) How much - if any - of your wife's income is not contributed to your household?

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