Can a spouse file an individual bankruptcy?

chapter 13, chapter 7, CMI, joint filing with spouse, means testTerrance Leeders

I received an email today from a prospective client asking if a spouse could file bankruptcy without her spouse. Excellent question.

Although both spouses are not required to file bankruptcy jointly, the Bankruptcy Code does require both spouses income to be included in the means test analysis for CMI - current monthly income. However, most people 'pass' the means test analysis and can file for Chapter 7 bankruptcy protection. See previous posts for the median income level in Illinois....

Substantial Abuse, Bankruptcy Planning & Chapter 7 bankruptcy

Bankruptcy, bapcpa, case law, chapter 7, substantial abuseLeave a commentTerrance Leeders

What does one have to do, or in this case from Wisconsin, NOT DO, to create substantial abuse ?RECENT CASES: Feb. 6. 2007Chapter 7 Debtor who fails to aggressively seek out work before the case is subject to dismissal based on the totality of the circumstances. 'Substantial abuse' is now just 'abuse.'The court noted: " ... this Court concludes that a debtor who lacks the ability to pay because she has not engaged in a broad employment search, does not wish to work outside her chosen field,...

Chapter 13

adjustable rate mortgage, ARM, Bankruptcy, chapter 13, chapter 7, consolidation, credit cards, foreclosure, interest rate, medical bills, mortgage, mortgage defaultTerrance Leeders
Chapter 13 Stop mortgage foreclosure
Keywords: chapter 13, bankruptcy, foreclosure, consolidation, chapter 7, mortgage, mortgage default, credit cards, medical bills, interest rate, ARM, adjustable rate mortgage
Stop Foreclosure
Yes, you can save your home!

Using the chapter 13 can strategically help you cure your mortgage default, protect your equity and eliminate your other debts to help you right the...