Can I Deduct Some Of My Spouse’s Income So That I Can Qualify For Chapter 7 Bankruptcy?

My attorney says that I’m a high-income debtor because my wife’s income compared to my income puts me over the median income for my state.  But my wife pays a bunch of her own credit cards and she’s not going to file bankruptcy with me.  Can I deduct those expenses so that I can become a lower-income debtor?  

The short answer is yes.  You can deduct you’re not filing spouse’s credit card payments from the amount that you and your family are considered to have as household income for Chapter 7 purposes.

That might make the difference between you being able to file a Chapter 7 or you being forced into making some kind of repayment plan in Chapter 13.  So it’s important information to gather as you prepare to file your bankruptcy case.


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