Married filing single

[fastcars69]

How does that work out. I'm Married but filing as single debtor. Any advice or stories?

[lrprn]

First thing is that you live in Missouri which is not a community property state. That's a good thing. It makes being married but filing bk as a single much less complicated.

Second thing is if you haven't done this already, it's time to find out whether filing single will work for you or not (even in a non-community property state, it doesn't always work out in your favor). The best way to find out is to set up free initial consultations with 3-4 experienced bk lawyers in your area. Lay everything out and see what they say.

Do a search here in the Ch 13 forum for "13 married filed single". There are lots of stories here about filing Ch 13 alone without your spouse.

Whether filing Ch 13 alone will work in your situation depends on your personal finances and how your spouse's income impacts your Means Test. (Your spouse's total income is added into the income calculations but then everything not specifically paid towards the household by your spouse is subtracted back out later.)

[AngelinaCatHub]

How does that work out. I'm Married but filing as single debtor. Any advice or stories?

My goodness, you are asking a whole book in your short question. First what kind of bk? 7 or 13? Here is a good start, assuming a 7: Read all the stickies on that forum thread. If you are going pro se, read all the stickies. Download the C7 book by Nolo Press for about 26 bucks pdf format.

We certainly cannot guide you through your whole life question without a bit of history and info. Too many unknowns by your question. 'Hub

[LadyInTheRed]

Hi, Hub! We're in the Chapter 13 forum, so I assume fastcars69 is anticipating filing a 13.

fastcars69, I second lprn's suggestion to consult with some experienced bankruptcy attorneys. Whether it makes sense to file alone will depend on your specific circumstances.

You asked for advice and stories and I'm in the mood for both. First the advise.

Even if you file alone, make sure your spouse is on board. If not, get him/her on board. Being in a Chap 13 for 3 to 5 years may not be easy. It will likely require some changes to your lifestyle as you learn to live without credit. You need your spouse's cooperation and support.

Now for my story, even though my experience should not be taken as any indication of what yours will be. I filed alone. I'm in a community property state, but all of my debt was incurred before marriage and I bought my house before marriage. My husband has no debt or assets and is unemployed and has been for a while. My attorney told me that if my husband gets a job, the trustee won't care and my payment would not change. "Just make your plan payments on time and everything will be fine." But, if he does get a job, I'll call my attorney right away to find out whether we should inform the trustee.

In my case, filing alone was the clear choice. It may not be so clear for everybody.

[AngelinaCatHub]

Sorry I did not note your filing 13. Lrprn did a fine job to start you off. Still, Nolo Press C13 book. 'Hub

EDIT: as well as LIR.

[out4good3]

Now for my story, even though my experience should not be taken as any indication of what yours will be. I filed alone. I'm in a community property state, but all of my debt was incurred before marriage and I bought my house before marriage. My husband has no debt or assets and is unemployed and has been for a while. My attorney told me that if my husband gets a job, the trustee won't care and my payment would not change. "Just make your plan payments on time and everything will be fine." But, if he does get a job, I'll call my attorney right away to find out whether we should inform the trustee.

In my case, filing alone was the clear choice. It may not be so clear for everybody.

I am in a community Property state and I filed alone as well. Only that, My wife hasn't had an income for the last 15 years as I am the sole support of the household.

When I was putting together all the paperwork with my lawyers paralegal, it seemed inconceivable to them that my wife wasn't working.

I didn't want her involved as all the debt was amassed in my name only. Even our mortgage is set up in such a way that although in public records we both own the house, the loan is in my name only.

I thought this might preserve her ability to get and use credit outside of the BK process. She gets stacks of credit card offers every week.