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Single bankruptcy and prior pre-nup

Asked almost 4 years ago - Cincinnati, OH

Bankruptcy

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.)

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Attorney answers (1)

Lesley Abigail Hoenig

Reputation Level 14

Answered almost 4 years ago. Bankruptcy Attorney in Mount Pleasant, MI.

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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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