Yes, but your income will have a bearing on whether chapter 7 is possible. Debt to income ratio is not relevant. Household income is.

Answer Applies to: Michigan
Replied: 10/5/2011

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He needs to pass the means test, speak to a local attorney about specifics.

Answer Applies to: Washington
Replied: 9/21/2011

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Husbands and Wives can file Bankruptcy individually or together. One can file and the other not, it depends on your circumstances. If all of your debt is truly separate then your Husband can file. Even if you both are joint on one of two debts he can file, you just must be aware that you will still be liable on the debts after he files. Please speak with a Bankruptcy Attorney to assist you with your specific situation.

Answer Applies to: New Hampshire
Replied: 9/19/2011

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Chapter 7 bankruptcy is not so much about the debt to income ratio, but more about what your income is, in order to see if you can "qualify" for chapter 7. There are income cut offs, based upon the median income for your state and the number of people in your household. Also, if you don't meet the cutoff initially, then you can see if you can pass the means test. One other issue that you should be aware of is that if you are married now, your income may need to be taken into consideration for income qualifying purposes, since CA is a community property state. I'd recommend that you speak with an attorney who can best advise you and your husband as to the best course of action here.

Answer Applies to: California
Replied: 9/19/2011

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He could file a chapter 7 depending on his and your income and what the assets are. Seek the advice if a competent bankruptcy attorney.

Answer Applies to: California
Replied: 9/19/2011

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Yes one spouse can file bankruptcy separately.

Answer Applies to: California
Replied: 9/19/2011

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To qualify for a Ch 7 essentially two requirements must be met. 1) You must not have filed a Ch 7 in the previous 8 years; and 2) You must pass the means Test. To greatly oversimplify, your gross annual income is compared to the median income of a household of your size. If your income is below the median income you can file a Ch 7. If your income is over the median income you probably have to file under Ch 13. Debt to income ratio has no direct effect. DANGER: I left out a lot because it gets very complicated. You need an experienced attorney to analyze your situation.

Answer Applies to: Colorado
Replied: 9/18/2011

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Your debt to income ratio does not qualify you. Passing the means test and substantial abuse test does.

Answer Applies to: Michigan
Replied: 9/17/2011

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Anyone can file Chapter 7 bankruptcy if you meet certain requirements. IN addition, if your income is less than your expenses, then bankruptcy can become an option.

Answer Applies to: Florida
Replied: 9/17/2011

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The question is really not the amount of debt but rather the household income/expenses. Even if he files by himself, since you're married they look at total household income versus total household living expenses. If upside down, he can file Chapter 7; if there is surplus income left over, perhaps a Chapter 13. This is really something you should be discussing with an experienced BK attorney...

Answer Applies to: California
Replied: 9/17/2011

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Your husbands debt to income ratio will have no effect on whether he is eligible for a Chapter 7 bankruptcy. Eligibility, from a strictly legal standpoint, is determined with the means test. If your *household* income is below the median income for families that are the same size as yours in Massachusetts you will be eligible to file a Chapter 7 case. If it is above the median income there are a number of adjustments related to, among other things, the amount of secured and priority debt you owe. These adjustments may help to reduce your means test expose and adjust your income down below the median income, and accordingly allow you to file a Chapter 7 case.

Answer Applies to: Massachusetts
Replied: 9/17/2011

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Debt to income ratio is really not a determining factor of whether he will be able to file Chapter 7 Bankruptcy. Income and assets are.

Answer Applies to: Oregon
Replied: 9/17/2011

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Debt to income ratio really doesn't have anything to do with bankruptcy eligibility. Whether he can file Chapter 7 bankruptcy depends more on household income to household size.

Answer Applies to: Indiana
Replied: 9/17/2011

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Debt to income ratio is irrelevant. The issue is how much you and your husband earn together, how many dependents you have and how much secured debt you have.

Answer Applies to: Illinois
Replied: 9/17/2011

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His debt to income ratio certainly warrants a look at bankruptcy. To qualify for bankruptcy though, it's based on income and family size. Assuming that you are a household of two, if the annual household income is under $65,000, then your husband can file for Chapter 7. If it's higher, then he may not qualify for Chapter 7 and will have to consider a Chapter 13.

Answer Applies to: Colorado
Replied: 9/16/2011

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There is no requirement that debt to income ratio be high to file bankruptcy.

Answer Applies to: California
Replied: 9/16/2011

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It would be a bad idea for your husband to file Ch 7 if his name is on the house.

Answer Applies to: Georgia
Replied: 9/16/2011

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Debt to income ratio has nothing to do with Chapter 7. Whether he can file (and should file) depends on gross income for the past six months for both of you, and certain other numbers. A lawyer can quickly calculate if he can file (and then decide if he should).

Answer Applies to: Georgia
Replied: 9/16/2011

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Eligibility to file a Chapter 7 bankruptcy depends on the type of debt and the amount of household income attributable to the debtor - debt to income ratio is not important. If your household income exceeds the median for your family size in your state, then your husband is not going to be able to file under Chapter 7 unless he fits one of the exceptions. A consultation with an experienced bankruptcy attorney can quickly establish what your options are.

Answer Applies to: Colorado
Replied: 9/16/2011

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He has to talk to a bankruptcy attorney to see if he qualifies for bankruptcy. At any rate, if he does, he still has to list all of your income and assets, because California is a community state.

Answer Applies to: California
Replied: 9/16/2011

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There is no debt to income ratio requirement to file Chapter 7. My typical client owes as much as he or she makes in a year (100% debt to income ratio). To see if Chapter 7 is right for your husband, I will need more information about his income, expenses, assets and debts.

Answer Applies to: California
Replied: 9/16/2011

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