If I file and wife does not...

[outsidetool]

I've managed to make a mess of my credit. My wife doesn't want anything to do with filing, though her situation isn't in very good shape either. Barely hanging on due to too much debt. I'm tired of battling to eak out minimum payments on everything each month. So how is this all going to work if the wife doesn't file with me? House is in her name only, and cars are in our individual names, no joint credit. But obviously I do help out with household expenses like some money towards the mortgage, utilities, cell phones, etc. Do they split all that in half in determining my disposable income? Any info would be useful so i know where things probably stand before seeing an atty.

[out4good3]

In my case, I was the sole breadwinner. I intentionally kept my wife's credit seperate an independent of my own. The BK was filed in my name only.

[LadyInTheRed]

Your petition will include all household income and expenses. Any of your wife's income not contributed to the household will be a deduction from your disposible income. For example, money she spends paying off her separate debt will be considered not contributed to the household.

When you consult with attorneys, bring information on both your and your wife's income and expenses. Don't delay making appointments with attorneys. An attorney with information on your financial situation will be in the best position to tell you how your wife not filing will effect your BK.

[spidge]

So you file now and fight through a 13 and then at some point later your wife may end up doing it too. A 13 can be tough, not impossible, and to possibly need to do it again would send me over the edge. I suggest doing a couple budgets to show her the advantages. Hopefully she will be able to see how much better off you both will be once done with the BK. Her income is included as household income anyway.

My wife, two teen daughters, and I are much better off under the 13 than fighting the bills all the time. The only progress we were making is Peter and Paul (creditors) were getting wealthier and I was having to work more and more for nothing.

Live better, file together.

[dmc-2008]

Good point spidge!

[outsidetool]

Ah yes, thank you Spidge!
My wife is in bad shape also, but doesn't want to file due to a car lease (3.5 years left, then would need to get another car while in the 13) and mortgage which is on a 5-year mod plan (will 13 filing destroy chances of getting house refinanced?). (note I posted these questions under a different thread today)
But she is tired of having to play the games with her other bills also. So, we're going to talk to the atty again next week. But last time we chatted with him he actually scared her OUT of filing.
Anyway, thanks to all for your responses.

So you file now and fight through a 13 and then at some point later your wife may end up doing it too. A 13 can be tough, not impossible, and to possibly need to do it again would send me over the edge. I suggest doing a couple budgets to show her the advantages. Hopefully she will be able to see how much better off you both will be once done with the BK. Her income is included as household income anyway.

My wife, two teen daughters, and I are much better off under the 13 than fighting the bills all the time. The only progress we were making is Peter and Paul (creditors) were getting wealthier and I was having to work more and more for nothing.

Live better, file together.

[LadyInTheRed]

I'm closing this thread so that answers to your new questions doesn't get split between the two. Here's a link to the other thread: http://www.bkforum.com/showthread.ph...e-mortgage-mod