Legal Question in Bankruptcy in California

Filing for Bankruptcy in California

I want to file Ch 7, I owe about 100k on credit card all under my name I live in California and I dont tknow the law, If I can do that what would be the income bracket, I make 44k and Im only filing individual because my husband file Ch 7 already last year

my questions are:

Can I file individually after my husband file a year after?

Will they include my husbands income even Im the only one filing or they would only need my income?

Im not sure If I will be qualified for Chapter 7 if they include my husband income it would be 84000 a yr for our income for the two of us?

I would appreciate if someone can advise me with my questions Thanks


Asked on 12/06/08, 5:41 pm

3 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Filing for Bankruptcy in California

It would require an examination of both of your incomes and your family's expenses. Feel free to e-mail me with your contact information, and I will be happy to assist you further.

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Answered on 12/06/08, 5:51 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Filing for Bankruptcy in California

You really need to sit down with an attorney and go over the details.

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Answered on 12/06/08, 6:40 pm
David Gibbs The Gibbs Law Firm, APC

Re: Filing for Bankruptcy in California

I agree with both Attorneys Cohen and Lemmons regarding the need to sit with a bankruptcy attorney to discuss your situation, and determine what is the best option for you. There are a lot of issues that surround which chapter of bankruptcy to file, and whether to file at all - none of which can be decided in a forum such as this. I will say that the husband's income, if you are living together, is generally considered with yours for purposes of determining if you can means-test into a chapter 7. Again - your situation is complex, and you need to meet with a bankruptcy attorney in your area.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 12/08/08, 12:42 pm


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