Please help clarify for me regarding BK7 for a stay at home mom

[Hollyhomemaker]

Hi.

I am going to be filing BK7 in March ( I am in the process of saving up for it). I am filing individually and I live in NY. I am a stay at home mom. My husband has our car (we only have one car) and our house in his name only. The deed to our home is only in his name as well.

I have no assets in my name, and about $26k credit card debt, which is what I am BK'g on.

Ive read a lot of info on here and am still a little confused.

I know my husband's income will be used and we are 50k under the median.

My question is can I use our monthly expenses that are only in his name? Such as the house, car, utilities etc? Nothing is really in my name at all. There was no preconceived plan to do it that way. Anyway, can I use the expenses that are only in his name when filing BK7 as my own expenses?

Also, I read a post on here that says there is a space on one of the schedules that the spouse's income is taken out, but if they do that then I will have no income at all, and everything will be completely negative. Is that true? And is that okay?

Thanks for answering my 2 questions.

[325Falcon]

Why dont you file together?

[Hollyhomemaker]

47 people have viewed my post and no one can answer my 2 questions?

To the one person who responded, there is no reason for my husband to file.

Please someone answer my 2 questions.

[Granny]

47 people have viewed my post and no one can answer my 2 questions?

To the one person who responded, there is no reason for my husband to file.

Please someone answer my 2 questions.

Holly,

I would be happy to answer your questions, but I filed a 13 and the answer may not be the same. i.e. my husband's income was never backed out and was used to determine my monthly payment.

However, I just wanted you to realize that there are a lot of lurkers here, people attempting to learn all they can, and therefore you will have a lot of views before you get a post. Remember this is Friday, you posted in the middle of the day, give the folks time to get home from work etc.

I remember being as anxious as you are now, wanting an answer the minute after I hit submit, and I would check the forum multiple times a day for a response and sometimes I would finally give up and go to bed only to find that there were several replies posted during the night.

As your case progresses, the anxiety lessens. Of course, that doesn't help now. Be patient, your questions are not difficult, but do require a response by some of our more knowledgeable people.

Good Luck

[lrprn]

My question is can I use our monthly expenses that are only in his name?

No. Since you are filing individually, you can only list expenses that are your own.

Also, I read a post on here that says there is a space on one of the schedules that the spouse's income is taken out, but if they do that then I will have no income at all, and everything will be completely negative. Is that true? And is that okay?

Here's a link to the Ch 7 form in question B22A - http://www.uscourts.gov/rules/BK_For...m_22A_0407.pdf

Your husband's income that supports you and the rest of the household goes in on Line 8, then the portion that supports him is backed out on Line 17.

Be sure to double-check this with your lawyer, HH. Hope this helps!

[325Falcon]

There are plenty of reason for you guys to file togther. Double exemptions for one.

Unless I am wrong even know your name is not on any of your husbands assets you still "own" a interest in them therfore the trustee can come after them in your BK.

So in other words, just because your name is not on the $10K 52" flat screen HD TV with a built in expresso maker does not mean its protected.