It is possible to be married and file for bankruptcy without your spouse. However, you may need to utilize the marital adjustment deduction in order to qualify for Chapter 7 bankruptcy. When you are married and file bankruptcy the Court looks at all of the household income regardless of who is filing. If the non-filing spouse makes…

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Most clients that come into my office understand that discharging student loans is not likely to happen.  However, this is not entirely true.  If the debtor can prove “undue hardship” their student loans may be discharged, the rub is that it is not easy to meet the requirements of undue hardship which is the one…

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Under the new bankruptcy law, which took effect in October 2005, a mathematical formula called the “means test” establishes an initial determination of the kind of bankruptcy you qualify for: Chapter 7, Chapter 13, or either. This formula takes into account: your monthly income the amount and kind of your debts, and other aspects of…

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