Do you have to wait until after a divorce to file for Chapter 7, if jointly as a couple you make over the state Chapter 7 median requirement?

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Do you have to wait until after a divorce to file for Chapter 7, if jointly as a couple you make over the state Chapter 7 median requirement?

So as a couple we make over the $51,000 max that a couple can make to file Chapter 7 in our state. Once a divorce has been started can each person go ahead and file Chapter 7 based on their income or do you have to wait until the divorce is final?

Asked on April 29, 2012 under Bankruptcy Law, Kentucky

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. So long as you and your spouse are still legally married (no court order of a marital dissolution in place) you two are still deemed legally married even though you have filed a maritial dissolution petition.

As such, if your state has some requirement that the maximum that a married couple can make is $51,000 in order to file a Chapter 7 bankruptcy petition and get a discharge, it would appear that you would have to wait until after the marriage is deemed terminated by the state court to go ahead and file for such a bankruptcy petition.

I suggest that you consult further with a bankruptcy attorney to confirm the $51,000 maximum for a married couple to file for a Chapter 7 bankruptcy in your state. My understanding is that federal law controls bankruptcy filings, not state law.


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