I’m filing without a lawyer, how much of my husband’s information do I have to put on the forms?

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I’m filing without a lawyer, how much of my husband’s information do I have to put on the forms?

I’m filing for Chapter 7 bankruptcy and have to fill out the forms by myself because I can’t afford a lawyer. I literally have nothing – no income and no assets – just debts. My husband has a job, a checking account, and 1 car. When filling out the forms, how much of my husband’s information do I need to put on there like when they are asking for personal property and such. I don’t know if the spouse option is for everyone or just those that are filing jointly.

Asked on January 24, 2011 under Bankruptcy Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I need to caution you as to filing without the advice of a lawyer.  It has nothing to do with trying to advocate for my profession.  Instead it has to do with wanting to make sure that you will actually qualify for the relief that you seek.  Chapter 7 filers are required to pass a Means Test.  Because you are married, all your Husband's income must be counted in that test and because of same, you may not qualify.  An attorney may be able to make a case to the court either to not count in in your situation or to allow you to use a Chapter 13 means test which may be a little kinder in your situation.  So in answer to your question yes, you have to count all his income.  Good luck to you.


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