Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
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.
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!