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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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CAN A MARRIED COUPLE FILE TWO SEPARATE BANKRUPTCIES? ONE SPOUSE

Customer Question

CAN A MARRIED COUPLE FILE TWO SEPARATE BANKRUPTCIES? ONE SPOUSE FILES FOR CHAPTER 7 AND THE OTHER ONE FILES FOR CHAPTER 13.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 5 years ago.
Welcome to JustAnswer,

So sorry to hear of this dilemma. I am a Florida attorney. If my answer is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button.

A married couple may file 2 separate bankruptcies. There is no statutory prohibition preventing one spouse from filing a 7 and the other spouse from filing a 13 however it is permissible
Ellen and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
So if my wife's income is over $85,000 and mine is 0 can she file for 13 and I do 7? Can I loose my car that is already paid off and is 6 years old (2005 Honda Accord) with 81,500 miles and been in a couple of accidents. Plus my personal items a my business equipment which the business has not made any income in 4 years. You see I run a small business where I transfer video, film and audio to CD/DVD. My wife runs a Mary Kay business and we both ran up our credit cards of $97,000, Mine is $around $64,000 and she is around $39,000. However, when we got married we have a pre nup and our credit cards are not joint accounts.
Customer: replied 5 years ago.
Still waiting
Expert:  Ellen replied 5 years ago.

You can file a chapter 7 will your wife files a chapter 13 however you both need to independently qualify for your respective filing. Remember this includes the means test which would considered your wife's income for your chapter 7.

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