not sure

[jonevers]

hi im going to file a chapter 13,the question i have is my wife has 500% a month credit card payments, and i am currently paying on 2 others of hers that i incured the charges on ,will this be considered in figuring out what i will pay back,and i also had a chapter 7 bk in 2006, thanks

[momofthree]

Does your wife have her own income? And do you mean $500/mo?

[jonevers]

yes she does and i mean 500 per month, ty

[lrprn]

@jonevers - since you filed Ch 7 in 2006, Ch 13 is the only bankruptcy you can file at this point.

The key to whether you can file Ch 13 is whether you show sufficient disposable income when your financial numbers are plugged into the required Means Test and Schedules by an experienced bk lawyer who frequently files Ch 13s. Have you met with 3-4 experienced bk lawyers in your area yet? If no, then be sure to set these free initial consultation appointments up now, because you may find out it isn't possible to file Ch 13 if you can't support a Ch 13 plan.

You didn't say.....do you hope to file Ch 13 jointly with your wife or by yourself? If you are filing jointly, then since Minnesota is not a community property state, that makes answering your second question about whether you can include debts you charged on your wife's credit cards easier.

If you are filing by yourself, then for every card you are listed as a co-signer/co-owner on your wife's credit cards, you can list that card in your debts list when you file.

However, if you are only an authorized user on her cc's, then regardless of who charged the debts, the debts legally belong to her, not you, and you can't include them.

So which is the situation for you? Are you a co-owner or just an authorized user on your wife's cc's?

And of course, if you are filing jointly, it doesn't matter. She will simply list her cc debts, including anything you charged, on your mutual debts listed on your filing forms.

[jonevers]

im filing alone,and the credit cards im paying on is in her name only ty

[newbie2]

im filing alone,and the credit cards im paying on is in her name only ty

Then no, you can't include those payments as part of your expenses. Why can't your wife file with you?

[momofthree]

Newbie is right, since your wife has her own income and she won't be filing with you, then her income is expected to be used to pay her debts. It's more of a gray area when the wife doesn't work, but if she has her own income, I believe it's clearly defined...

[jonevers]

ok ty, then can i exclude her payments each month as not houshold expenses?

[lrprn]

ok ty, then can i exclude her payments each month as not houshold expenses?

Since you are filing alone, your wife's debts are her debts. You can't list them as expenses because your wife's debts are her own and she is the sole person responsible for paying the debt.

Your wife's income from all sources will be added into your Means Test in the first section, but then her total income minus the amount she is paying to support the household will be subtracted out again later on the Means Test.

If you haven't met with at least 3-4 experience bk lawyers in your area yet, then it's time to set up those free initial consultations. Filing alone when married in a combined household can be tricky to sort out when completing the Means Test. You need a wise head knowledgeable about how split cases are handled in your local court and by the local Ch 13 trustee to make sure you get the best plan possible for yourself.

[jonevers]

ok thanks