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  1. #1
    Join Date
    Aug 2011
    Posts
    15

    Default Can You Qualify for Chapter 7 if You Separate or Divorce

    My question involves bankruptcy in the state of: CO

    In the midst of trying to file chptr 13 the other half decides they want a divorce. As irony would have it, salary is above median inc for our family size.

    My question is will I still have to file 13 since the salary is over the median inc or will the combined flavors of support force me into a 7 (since the new 'family size' will be lower than state median? Assuming that they will ask for 50%...

    I know I'll need to find an atty, just curious if someone might be able to offer some talking points?

    TY

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Can You Qualify for Chapter 7 if You Separate or Divorce

    If you're legally separated or living separately when you file, the means test would normally use your separate income. If your ex- continues to contribute to your household, that contribution would count.

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