Legal Question in Bankruptcy in California
My wife wants to file Chapter 7 bankruptcy because of a judgment against her. She has no income currently. I am self-employed. From my research, I know she has to pass the means test in order to do Chapter 7. My question is, do both of us have to pass the test using my income also, or only her?
Thank you.
2 Answers from Attorneys
It's not a simple answer but I will give you one anyway. Both of your incomes will be considered.
Feel free to call my office and request a free consult if you think you want an attorney to help you.
If you are married, they will look to both income, as they are looking at household income versus household expenses. There may be a couple ways around that, or at least partially, if there are certain types of debts that are only in your name, for example if you had child support payments, etc. That is but one example. So, even if your income is high, she might still be able to pass the Means Test. The only way to find out is to see an attorney and then run the numbers. My consultations are always free, and I'll be happy to speak on the telephone as well.
Todd Mannis, Esq.
Tel: (818) 591-9890
www.mannislaw.com
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