Legal Question in Bankruptcy in California

I am considering filing Chapter 13 Bankruptcy in the State of California. Based on everything I have read it appears that my spouse�s income (as well as debts) is considered even if I�m filing as an individual debtor.

That said, when preparing a repayment plan does the court consider the income and expenditures plan we submit or do they use formulas similar to, or the same as, what is used in the means test for Chapter 7?


Asked on 9/24/09, 5:03 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

A means test is used for a Chapter 13. There are some technical differences between the means test in Chapter 13 and the means test in Chapter 7, but they are very similar . Even if you file separately, your spouse's income must be considered unless you are separated, i.e. maintain separate households and have separate addresses.

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Answered on 9/25/09, 5:29 pm


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