filing w/o spouse

[jimbo367]

How much of the non filing spouses income must go to the plan?

Moreover, what do you put down on the means test?

I'm hearing zero to just what ever is needed to make it work.

[SMinGA]

Means test = household income/expenses. Schedule I/J = your income/expenses. That is my understanding - but as always consult with your attorney.

[Bkman2]

Are you in a community state? I filed and my wife didn't. We are in a community state. I had to show proof of all of my income and all of her income over the past 6 months. The attorney needed everything with both of our names on it.

Check with your attorney about what laws/rules you have in your state.

[SMinGA]

Bkman2, for being in a community property state are you worried that your creditors can pursue your wife for your BK'ed debts?

[jimbo367]

Not a community state, I'm in NY

[SMinGA]

Then it should be household income/expenses for the means test. And your income/expenses for schedules I/J. Including your portion of 'joint' expenses like utilities & such.

Perhaps look at it this way: If you were to file together and you could only dp in a 13, then you cannot each file separately to get individual ch. 7's.

[jimbo367]

So I can have my spouse put any amount into the joint expenses to make come out anywhere I like.

Such as dead on the $4800 Means level.

Then I would go into a 13 paying nothing on unsecured?????

[SMinGA]

No, you cannot make up expenses. Expect to provide documentation. Receipts, banking statements, bills.

Bankruptcy fraud = bad idea.

[jimbo367]

Not what I was implying, I was trying to say she can show what's needed to make it come out right, the balance of her income she keeps having nothing to with contributing to the plan.

Lets say we each earn 30K or 60K combined, the expenses are 50K she need not contribute her 10K in excess of what's need to fund the plan.

Is that clearer?

Jim

[BuckeyeGuy13]

I filed soley, with dual incomes. Both incomes are included. Then, you look at deductions (taxes, retirement, insurance, etc) for both. Then expenses are deducted for household expenses, as well (utilities, food, etc). Then, you go to her expenses that are used for other items (ex. job expenses, personal expenses, anything not used for the maintenance of the household, etc.).

Bottom line - even though you're filing individually, her income is counted AND, if there is excess, it will go to the plan. So, you need to find legitimate expenses to include and make sure your lawyer is on board with it. My wife's expenses are pretty liberal, but the trustee didn't bat an eye. This took our DMI down quite a bit.

[jimbo367]

One last thing I forgot to mention, my wife took early retirement, so she has 14K in earnings part time job and 15K in Social Security.

Would you think that her Social Security portion being exempt (and the fact that she's not filing) would not go in the plan provided there was enough to pay all other bills.

[Bkman2]

Per my attorney they can not go after her for my debts because she is not on the accounts. As for joint accounts she is still covered because all of her income and assests are put in my BK. If she had assests before we were married then they (joint debt) could try to collect. She does not so if they try then we would just show my BK and they cant do anything because the joint debt is cleared also.

[holding on]

wow really? my attorney told me that if my wife was not a filer, that after my ch13 was discharged, creditors could go after her for joint debts not fully paid (are you in a 100% plan?). Regardless of whether those joint debts where in my bk. <scratching head>

[newbie2]

wow really? my attorney told me that if my wife was not a filer, that after my ch13 was discharged, creditors could go after her for joint debts not fully paid (are you in a 100% plan?). Regardless of whether those joint debts where in my bk. <scratching head>

I was told the same thing, and I do believe it to be true. Think about it: If you file solo then your responsibility to pay the debt is wiped out. The other spouse wasn't relieved of the responsibility to pay the debt.

[Bkman2]