single bankruptcy and prior pre-nup

Cincinnati, OH Viewed 129 times. Posted about 1 year ago in Bankruptcy / Debt

I've been married for 6 months. My husband only pays 1/2 of food and utilities and occasional money to help me with tight spots. We signed a prenup 6 months prior to getting married. According to the new laws, my husbands income (way more than mine) is figured into seeing if I qualify for chapter 13. I don't qualify for chapter 7 already because of him. Will my prenup help (it states that debts incurred by me are mine alone to pay, including my house, car and credit card bills.) - Is this your question? Add additional information

Answers (1)

Lesley Abigail Hoenig

This attorney is licensed in Illinois and 2 other states. Posted about 1 year ago.

You have an unusual situation which may serve as a rebuttal to the presumption of abuse for the means test, however, no one can answer this based on the information given here, you need to consult with an experienced bankruptcy attorney in your local area. Someone who has a lot of experience with this issue (not the exact facts per se, but with unusual circumstances that may allow for an exception or rebuttal to the presumption).

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