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Category: Bankruptcy Law
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My wife has filed for legal separation in Indiana. I carry

Customer Question

My wife has filed for legal separation in Indiana. I carry a ton of medical bills (from a hospitalization) and credit debt (mostly from a failed property flipping/ management venture), all of which is solely in my name. I am currently unemployed and don't have any viable job prospects currently. I wanted to file bankruptcy, but my wife refused, and in any case we don't pass the means test with her salary. Once the court order comes thru decreeing the legal separation, am I stuck with this debt forever or can I file for Chapter 7 or 13 without her? Not sure what my options are.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  rdgaines replied 7 years ago.
You do not need to file bankruptcy jointly with your wife, you can file alone. I suggest you consult with a bankruptcy expert to get the best advice for your particular situation as there are some issues as bankrutpcy relates to jointly owned property.

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This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.
Customer: replied 7 years ago.
I did indeed consult a bankuptcy attorney last year and was advised my wife's income would need to be considered, and thus, we do not pass the means test. We could both file Ch 13, but she's not interested in doing so. Regardless, she has filed for legal separation, so I will not have access to her income anymore. Will her income need to be included once we're separated?