Bankruptcy and Separation and Means Test

[stoopidgirl]

Colorado

My husband and I are planning to divorce; however, we are going to file for Chapter 7 bankruptcy before doing so. With our current income and expenses, we fail the means test. If we legally separate and one of us moves out, will that help us with passing the means test?

 

[bigun]

tHIS ARTICLE MAY HELP.
http://www.thebankruptcysite.org/resources/bankruptcy/bankruptcy-planning/adjustment-means-test-spouse-filing-bankruptcy-alone

Scroll to near the end of the article.

Have you spoken with a bk lawyer?
The means test is just step one and is backwards looking. You still need to fill out schedules I and J. These are forward looking and take into account allowable expenses.
Just because you are above the median, does not mean you can't get a successful discharge of a Chapter 7.