Legal Question in Bankruptcy in California

My husband is planning on filing a Chapter 7 for debts that are his name only. After doing the Means Test where I have to also put in my income, it appears that he is above the state average. However, it does not appear to be a place to include my debts (that are in my name only...we have not been married very long and do not have marital debt except the house). Also I am paid an auto allowance and phone allowance from my job and even though that does not cover what I spend each month, it appears that is also included in my income. Something does not seem right here.....what am I missing?


Asked on 10/08/09, 4:33 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

I would strongly suggest that you consult with an experienced bankruptcy attorney. I know that is not what you want to hear, but this forum has its limits, and advising you as to how to complete the means testing form (which is the subject of a lot of scholarly debate and litigation) is just not something that can readily be done via this forum. If you refuse or just can't afford to consult with a bankruptcy attorney, the only other suggestion I have is to take a look at the U.S. Trustee's Program website. They have a lot of information about means testing and the 2005 amendment to the bankruptcy code. I am not being sarcastic when I say I do wish you good luck - it is not easy to complete a bankruptcy case In Pro Per under the new laws.

*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 10/09/09, 6:14 pm


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