Non-Filing Spouse Bank Account

[Tik22687]

I probably already know the answer to this but I wanted to clarify.
In a case where there are no joint assets, joint accounts and no question of money being transferred between accounts, would the non filing spouse be required to provide bank statements for the 341 meeting?

[justbroke]

A non-filing spouse should not need to provide any bank statements. Now, if you're using the marital adjustment, things could get complicated. With this complication could bring scrutiny especially if the non-filing spouse earns more income. It is debtor and fact-specific. If you're not using the marital adjustment, there shouldn't be any additional complexity requiring the non-filing spouse's statements. This doesn't mean that the Trustee may not want to see and/or confirm the non-filing spouse's income through use of banking statements.

The bottom line is that it depends. Use of the marital adjustment could complicate things.

[shipo]

Back in 2015 when I filed for my Chapter 13 my wife and I were separated and yet I still needed some number of months of her bank statements (don't remember if it was 3 or 6 months).

[justbroke]

shipo that makes sense in case a debtor tried to hide money by transferring it to the non-filing spouse.

[Tik22687]

The reason I’m asking is because I filed bankruptcy shortly after we got married for all my pre-marital debt. We keep our finances completely separate and split the bills. My bankruptcy was closed over a year ago so I’ve been working to build my credit

when I filed, they did not ask for any of his bank statements. Only his pay stubs. And my bank statements.

[justbroke]

It just depends on the circumstances of the individual debtor and what the Chapter 13 sees from their initial and subsequent review of the bankruptcy petition and plan.

When married, all spousal income counts. The only way to remove the non-filing spouse's income from consideration is via the marital adjustment. Use of the marital adjustment bring scrutiny. The extent to which that scrutiny is applied is too debtor and fact-specific.