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Question
I'm married to a wife that has 3 jobs and works about 75 hours a week and we have one child. I live in md. If she would give up one job I could qualify for ch. 7. All debts and mortgages are under my name only and all are current. She says she will not give up any job and that she will not be willing to pay any monthly payments for ch. 13 because all debts are under my name and it's my problem. We surpass the income means test and monthly after ch. 13 bankruptcy we would have to pay about $1000/mo., my lawyer says. Likely I will not be able to pay anywhere close to that because they will be using her income as well as mine to determine that number. My lawyer is trying to figure out a solution. All misc. household expenses like insurance, auto, utilities, phone, mortgages, etc. I pay using a checking account from a local bank with an account name that has only my name on it. She only pays for 1/2 food and 1/2 childcare. Do you see any choices or solutions for me?
What else does she do with her money?
On line #3 the means test (Form B22) requires that you first list all of her monthly income, but then you are allowed to subtract out the amount per month that she does not share with you, on line #17. However, line #17 requires you to disclose what she spends the money on that she does not contribute to the common pot. Try that, and then maybe you will pass the means test.
Another thing: has she held all 3 jobs for more than 6 months? The means test only reflects income actually received in the previous 6 months, divided by 6 to arrive at a monthly average.
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Answers by Expert:
Los Angeles Bankruptcy Lawyer Leon D. Bayer
Expertise
Leon Bayer has successfully represented clients in bankruptcy for over 30 years. He is frequently called upon by the media, the California Bar and other associations to provide insight and help educate attorneys on bankruptcy issues. If you or other readers want to keep up with my blog postings about life in and out of bankruptcy, you can follow my blog at http://www.bankruptcyblogger.org/ and my personal web site at http://www.debt-relief-bankruptcy.com and A Human Guide to Bankruptcy at http://www.thebankruptcyguide.net/ Leon also writes about bankruptcy law for Nolo, see http://www.nolo.com/law-authors/leon-bayer.html and his "Ask Leon" bankruptcy law blog column at http://blog.nolo.com/bankruptcy/
Experience
Leon is a Certified Specialist in Bankruptcy Law by the State Bar of California, and has been a practicing bankruptcy lawyer in Los Angeles, California for 33 years.
Organizations
National Association of Consumer Bankruptcy Lawyers, California Bar Association, Los Angeles County Bar Association.
Publications
Author, ?The Essentials Of Chapter 13,? Daily Journal Report, December 18, 1987.
Contributing Editor, Basic Bankruptcy, California Practice Handbook, Matthew Bender 1992, 1993.
CEB Consultant, CEB-Personal and Small Business Bankruptcy Practice in California, 2003.
Education/Credentials
B.A., J.D.
Awards and Honors
President, 1995-1996-Los Angeles Bankruptcy Forum; Member - Los Angeles County Bar Association Committee on Commercial Law & Bankruptcy, 1988. Law Advisory
Commission-Personal & Small Business Bankruptcy Law of the State Bar of California, 1996-2000
MR. BAYER SAYS: The big banks and credit card companys have been working overtime for many years to undermine the Consitutional right of the American people to be able to claim bankruptcy protection. In 2005 the banking lobby successfully convinced Congress and the President to make the laws and proceedures more complicated, hopeing that it will stymie legitimate people from filing bankruptcy. They succeeded in gaining these complex new legal proceedures by greasing the legislative system with hundreds of millions of dollars in "campaign contributions." The good news for the American people is that while the new laws have made the proceedures needlessly complex to the point where inexperienced people can't help but trip over the maze of new rules and regulations, the process is still doable, especially with a lawyer who is well trained and experienced in this specialty.
Past/Present Clients
I have probably handled something on the order of about 15,000 bankruptcy cases thropughout my career.
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