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Chapter 7 Bankruptcy – Qualifying

Chapter 7 bankruptcy lawyer
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 Chapter 7 bankruptcy:   do you qualify for bankruptcy?   As your bankruptcy lawyer, I will advise you as to your qualifications.

Below is an interesting example.  You can see how spousal income and expenses affect qualifying for Chapter 7 bankruptcy.  As your bankruptcy lawyer, I carefully review your case details.

In this case, smoking is bad for the debtor’s husband’s health.       https://www.cdc.gov/tobacco/data_statistics/fact_sheets/health_effects/effects_cig_smoking/index.htm   Yet, it is beneficial for the ability of his wife to qualify for a Chapter 7 Bankruptcy.   

When a debtor files bankruptcy in New Jersey, household income is taken into consideration.  In this particular case, the husband’s smoking habit enables her to file a Chapter 7 bankruptcy.  I  analyze a great deal of information to prepare your bankruptcy petition.    

Background – Analysis for Qualification to file Bankruptcy  Ch. 7 Bankruptcy | NJ Bankruptcy Law Firm

  • Wife Files Bankruptcy
  • Non-Filing spouse’s income is considered for household income 
  • Non-Filing spouse’s income provided to determine disposable income
  • Expenses of a spouse are also taken into account
  • Non-filing spouse had a $600 per month smoking habit
  • Smoking habit reduced his disposable income
  • His smoking was expensive
  • Smoking was viewed as an addiction/habit, not just casual smoking

Court Ruling

  • The cost of the Husband’s smoking habit is not available to pay the wife’s creditors
  • If the husband did not have a smoking habit, his wife would not qualify.
  • Wife qualified to file a Chapter 7 Bankruptcy.
  • Her husband did not have enough disposable income to pay her creditors.

There are many factors to evaluate for qualifying for filing Bankruptcy.   As a result, a significant amount of analysis is required.  

As a bankruptcy lawyer, I do a thorough analysis of your household income and expenses.   In this way, when we file, you can be assured of your qualifications.   Clients call me and ask me if they qualify.    I look at each case to provide a definite response.

Call me today, I am here to help you. I offer a free consultation to see if you qualify for bankruptcy.  https://njbankruptcylawfirms.com/board-certified-bankruptcy-attorney/