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Prenuptial Agreements/Means Test/I&J and 707(b)
Has anyone filed a case with these or similar facts?
Facts:
H&W are married (hence the designation, H&W) and have a (let's
assume) valid prenuptial agreement which makes all pre-marital
assets of each party their separate property and all post marital
income the separate property of each spouse.
H needs to file a bankruptcy. He has very little income and by
himself would qualify easily for Chapter 7.
W has a high paying job and owns a house.
If you treat them as the bankruptcy code seems to require and just
throw everything into the pot, they do not pass the means test. And
I &J shows about a $1,000 per month surplus.
Has anyone here ever filed a case like this and successfully argued
that a valid prenuptial agreement obviates the need to list the
non-filing spouse's contribution to the household and you can avoid
including their income (and of course their expenses)?
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