Wellington, FL asked in Bankruptcy for Florida

Q: FL Chapter 13 Husband has debt no income can he file individually and use household (wife's) income?

Florida home husband holds mortgage does not have income. Wife has income and no debt but is on the deed. Can the husband file individual Chapter 13 using household (wife's) income? Or do we need to file Chapter 13 jointly?

Related Topics:
Bankruptcy
2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Bankruptcy Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: No, he doesn't qualify for Chapter 11 if all the income is from the wife. But why file for Chapter 13 protection? The mortgage can, after obtaining relief from the automatic stay, still foreclose.

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Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: No. He is not eligible without income. Consular a competent bankruptcy practitioner to review your complete financial situation.

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