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just for clarification Are you filing indivicually or joint? Sounds like youre filling individually. do you have joint bank accounts and joint assets that need protection? own a home together? Consult another attorney if you don't feel what your current attorney is saying is helping. Your attorney should be on your side, and be your advocate to helping you in this trying time.
Her debts would be included if you file jointly, and would include her car payment, even if youre filing seperately her income counts as household income but her debts would not be included.
So based on what youre saying... When i file individually I must include her nearly 3,000 a month income but do not include her 500 a month secured car payment?
That doesnt make sense. Under that scenario it appears that her full 3000 is able to be utilized by me to pay billsp- when in fact it is not and is promised to a secured debt.
Im mainly wondering how often Ch7 are denied even when the means test is passed.
If your numbers are legitimate and can be proven, you should be fine.
I'm guessing you used the legalconsumer means test calculator? https://www.legalconsumer.com/bankruptcy/means-test/
You can also read more here: https://www.nolo.com/legal-encyclopedia/marital-adjustment-deduction-bankruptcy-means-test.html
Pay close attention to this section: How the Marital Adjustment Deduction Works
......from that section on that website:
However, in Part 1 of the means test, you can deduct any amounts that your non-filing spouse uses to pay for personal expenses that are separate from household expenses. These expenses are called marital deduction expenses.
Examples of Expenses that Might Qualify for the Marital Adjustment Deduction
The real question is you lawyer seeing something that is sticking out? How many BK does he do a year? Is it his main or a big part of his practice?
and as suggested you can always get a second opinion.