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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Is my income evaluation seperate from my wife? She is not filing

Resolved Question:

Is my income evaluation seperate from my wife? She is not filing bakruptcy
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.

Hi JACustomer,

1) Are you asking about a Chapter 7 or a Chapter 13 Bankrutpcy?

2) Are you asking about income evaluation for the Means Test (Chapter 7) or for the plan payment (Chapter 13)?

3) Are you and your wife legally separated?


Customer: replied 5 years ago.

1. both

2. both

3. no

Expert:  cfortunato replied 5 years ago.

If living in the same household, your wife's income must be included for the Means Test (Chapter 7) and also for the plan payment (Chapter 13).


I think this is what you wanted to know. If not, please let me know.
Thank you.

Customer: replied 5 years ago.
Then should not her debt too. Even if she is not filing bankruptcy?
Expert:  cfortunato replied 5 years ago.

Your wife's debts cannot be discharged in your Bankruptcy. The reason for including you wife's income is total household income is considered to be a better indicator of a debtor's ability to pay his debts than the debtor's income alone.

Customer: replied 5 years ago.

My wife has her own bills and income. My question is if they are going to consider her income as a ratio for my ability to repay my debt (that is not her debt) will they consider what she owes as her own debt...that she must pay with her own income...before attributing her income to my debt repay ability? I am not asking her to be included in my bankruptcy nor does she want/need to file bankruptcy.

Expert:  cfortunato replied 5 years ago.
Yes - any of your wife's income that is "NOT paid on a regular basis for the household expenses of the debtor or the debtor's dependents" gets subtracted from the household income that is used for the Means Test and also for the Chapter 13 plan payment.
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