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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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When one files Chapter 7, can they omit their spoouses income

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When one files Chapter 7, can they omit their spoouses income if they are spearated or are they required to include it?

What proof would they have to have to not include said income?
Hello,

Thank you for your question. My name is XXXXX XXXXX I am a licensed Florida attorney. I will do whatever I can to answer your questions!

You are required to include income from all households members.. A household member is a person who resides in your house. Thus if your spouse resides in the same home as you,, you must include his income. The trustee may contact your spouse for proof of a separate residence such as a utility bill
Customer: replied 3 years ago.

I see. So if one is living elsewhere, by themselves, then they do not have to include the income from the spouse? Florida doesn't have a 'legally separated' classification, so would someone have to prove it otherwise?


That is exactly correct. If the spouse is not contributing to the household expenses and does not reside on the property, the spouse's income is not considered
Ellen and 3 other Bankruptcy Law Specialists are ready to help you
Thank you very much for the positive rating Clyde. It has been my pleasure to work with you.

I am here to help. To speak with me again, simply place my name in the first sentence of your new question. If I cannot help you, I can direct you to someone who can.

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Thanks again and all the best to you.

Ellen
FiveStarLaw
Customer: replied 3 years ago.


Good morning. Had a follow-up question to this.


 


If the spouse making the majority of the income got laid off and her last day is November 23rd, what would be the best course of action for filing Chapter 7?


 


The couple in question made way too much over the last six months... would they need to wait to qualify under the means test before the husband filed Chapter 7, or could he file Chapter 13 and convert it into Chapter 7 once they qualified via income?


 


Based on their average monthly income, it would take about 3 months of zero income from the wife for them to qualify under the means test, but in the interim, the husband has a house in foreclosure, an HOA suing him and an ex who is garnishing his wages from a $7000 loan that ballooned into a $31k final judgment ($17k is from attorney fees alone which seemed high in and of itself.)


 


Is Chapter 13 ---> Chapter 7 possible and like a Chapter, would the garnishment stop at all during the initial filing period? Meaning, could he buy himself 90 days by filing CHapter 13 to stay the wage garnishment allowing his income to dwindle and allowing him to qualify for Chapter 7.


 


 


 


 

Good Morning Clyde,

Thank you for the questions. I would be glad to discuss these matters with you but first, would you please open a new page for each question of your above post?
Since you are a subscriber you are not charged for opening/rating new questions however I am only paid by the site one time per page. I appreciate your understanding.

Thank you,
Ellen
FiveStarLaw
Customer: replied 3 years ago.


I have been reprimanded for asking too many 'like' questions when I had already established a dialogue with experts on here. As of this week as a matter of fact, I have had my account banned three times and was advised I needed to direct questions to the original expert that answered the first query or I would not be allowed to use the service.


 


This isn't the first time I have been asked to create a new question. It's no sweat off my back obviously, but I was warned within the last week to not violate the TOS in regards to fair use. :/

Thank you Clyde. I will contact a moderator