If my wife and I were told that we make $400 to much to file Chapter 7 so we’ll have to file Chapter 13 instead, would it possibly make a difference if we filed separately?

Asked on November 8, 2014 under Bankruptcy Law, Florida


Greg Wiley / Law Office of Greg Wiley PLLC

Answered 6 years ago | Contributor

The short answer is no.  It is determined based on income in the household.  If someone told you that you cannot get a Chapter 7, you might want to go back and ask that person.  If you and your husband are living in separate households, the answer may change.  Talk to a local attorney.

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