My wife and I are collectively are over the limit to file for chapter 13, what should we do? 3 Answers as of June 23, 2011

My wife did not tell me how much debt she had before we got married. Can she file separately?

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Cartwright Law Firm
Cartwright Law Firm | Andrea Cartwight
To be able to proceed with a Chapter 13 Bankruptcy, an *individual *must have less than $336,900 in unsecured debts and secured debts less than $1,015,650. Each debtor has their own debt limits. If you and your wife exceeds these debt limits then you may proceed with a Chapter 11 or file an individual Chapter 13. Why are interested in a Chapter 13? Are you trying to protect your home, property or are you high income?
Answer Applies to: Michigan
Replied: 6/23/2011
Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
Your can file separate chapter 13s, since not all of the debt is joint.
Answer Applies to: Michigan
Replied: 6/21/2011
Law Office of Lynnmarie A. Johnson
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
Yes, your wife can file separately without you, but I am not sure what you mean by "over the limit." If your income is over the limit, then her filing separately will not change that fact. As long as you are married and living together, both of your incomes have to be counted towards the household income. I would consult with a bankruptcy attorney and see what your best alternative is.
Answer Applies to: Michigan
Replied: 6/21/2011
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