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VanDLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 833
Experience:  Chapter 7 & 13
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The debt was incurred before i married my husband in NY state

Resolved Question:

The debt was incurred before i married my husband in NY state 2 months ago. I have not worked for past 2 yrs but my new husband does have a job. Will I still be forced to file Chap 13 instead of Chap 7?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  VanDLaw replied 8 years ago.



Your Husband's income will be included when calculating the means test for Chapter 7 purposes. That is all his involvement however, if his name is XXXXX XXXXX any of your debt, then there is no problem and you can file individually. However, if there is joint debt and your portion is discharged he will become solely responsible for the debt.


So whether or not you qualify for a Chapter 7 or 13 will depend on both your incomes.

Customer: replied 8 years ago.
The debt is only mine. If they look at my husband's income and decide I have to file Chap 13 will my husband be forced to make the payments because I can't pay (I have been unemployed?)
Expert:  VanDLaw replied 8 years ago.

You will not be able to file a Chapter 13, if you are unemployed. One of the tests to filing a Chapter 13 is you have to be employed or have sufficient income (not your Husband's) to make the confirmed payment plan.

Customer: replied 8 years ago.
I was in the process of starting my own business (though it has no income whatsoever right now and will most likely continue to be so for the next 2 yrs). I will still be ineliglble, and considered unemployed, right? The business has no employee and is a sole proprietary, nor does it own any assets (equipment etc.)
Expert:  VanDLaw replied 8 years ago.
Yes, you must show that you have sufficient income to make plans for the next five years. Your income from your business, or lack of income, should help with qualifying for a Chapter 7. You will need to list the business on the schedules but it will be of no consequence because it has not assets.
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