My wife file chapter 13 bankruptcy but I did not.

[verymad202]

[lrprn]

Indiana is not a community property state, so unless you are a co-signer on your mutual secured or unsecured debts, then there's no reason to assume them. They will be wiped out at the end of her Ch 13. Which of the debts fall in this category?

Now the debts (secured and unsecured) that you do both legally own (both names on a mortgage, for example), then unless you file Ch 7 or Ch 13 as well, all the debt then comes over to you whether you volunteer to take it on or not. That's what you agreed when you signed the agreements and contracts. Which of the debts fall in this category?

Lastly, your debts that are yours alone stay yours alone. Her Ch 13 does not impact your personal debt at all. Which of the debts fall in this category?

Please pardon my asking, but why did your wife file alone? Did the lawyer she worked with go over what the impact to you would be before she filed?

[IOU]

Married But Credit Is Only Mine!?

So to follow up on this thread, I currently live in a community property state but will be relocating to a non-community property state in weeks for hopefully a new job. In trying to work through the calculations on whether or not a ch. 13 makes sense (was told a 7 is not advisable because the debt is only a year old) for me I need to know whether or not the US Trustee will include my wifes income or not (currently, she doesn't work either but will be by the time thinigs were to get rolling).

If the answer is 'no', they can't / won't / don't take into consideration my wifes income, can I claim all of the expenses (rent, utilities, child care, etc, etc.)?

Thanks!!!

[woeisme]

yes, your wife's income will be taken into account in CH 13, no matter what the rules on community property. They calculate disposable income based on "HOUSEHOLD" expenses and income, doesn't matter a bit whether it belongs to wife or you, or whether wife and you file together or just you file. I was originally going to file by myself and not hubby since most debt had my name on it, but when I realized we'd both be committing all of our disposable income into the plan for 5 years, decided to file joint so that his smaller debts could be discharged too.