Expert: Terry Leeders - 6/2/2009

Question
My wife has Stage IV Lung Cancer which is not curable.  Her life expectancy is unclear at this point as she is doing well but statistics would have her dead now after a year.  We are separated but legally married.  We probably would not pass the means test for Chapter 7.  Can her illness and the fact that her income will decrease in the future be considered?  Also, she is starting new treatment and I may need a FMLA unpaid leave to take care of her as I live 1200 miles away.  Basically is there anything we can do to qualify for Chapter 7 because of her illness?

Answer
The additional medical bills and related expenses can be listed under other, for which the court will make a determination if they are both reasonable and necessary above what the court allows based on your family size and location.  There is no guarantee, but in light of the situation, I think they could allow these in the means test calculation.