Legal Question in Bankruptcy in Ohio

The question is regarding Bankruptcy Form 22A "Statement of Current Monthly Income and Means Test Calculation" Part II Line 2 "Marital Filing Status". I am legally married but my wife and I have been separated and living apart for three years. I know individually we meet the means requirements without having to do anything additional "full means calculation" I was told though by an attorney that he would be able to file us both without completing the means calculation and I'm pretty sure without having to file it jointly. I am very confused on how you can file married but independently in separate households and not have the second filing fee. I saw something in Form 6J "Check this box if a joint petition is filed and debtor�s spouse maintains a separate household. Complete a separate schedule of expenditures labeled �Spouse.�" With that does that mean on Form 22A select file jointly and ignore the complete means test since we are in separate households?


Asked on 5/02/13, 1:25 pm

1 Answer from Attorneys
David Michael Benson Benson Law Firm

Since you have been separated for a while and have set up two distinct households, it might be easier to file separately. This is especially true if there is difficulty in communication and you don't have all the information on your spouse�s income and expenses. In fact, filing jointly could bring unnecessary complexity to your case and result in a much longer road to a general discharge.

- BensonBankruptcy.com

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Answered on 6/01/13, 1:22 pm


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