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why do they need to know my BF's income?

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    why do they need to know my BF's income?

    i just finished paying off my lawyer and i get this huge packet i have to fill out and now im scared to death. They want to now all about my bf's income and i mean yes i live with him but hes kinda freaked out and really doesnt want to co-operate with me. I dont think it would hurt my BK though because he hasnt worked, he had a trust fund set up for him when he was a baby and has been talking 800 out per month, i have his most recent stub, so idk im going to have to call my lawyer and see wtf is up with that cause i was never told this in the beginning.
    retained lawyer june 08, filed may 09....341 on 6/26/09- went smooth! Glad to be part of the 60 day club .... AND- 6/27/09- got engaged
    10/30/10- WEDDING!!
    09/04/09-discharged!!!

    #2
    Odds are 99% that your bf has nothing to worry about - you are filing, not him.

    All you need to know for your Ch 7 filing is his total income from all sources for the last six full calendar months before your filing and how much of that income supports your mutual household. No matter what the figures come out to be, anything that is his alone - his trust fund, other assets he owns alone, and his belongings - will NOT be affected by your filing.

    Do you have high-dollar assets (a car, for example) that both of you signed to be financially responsible for? If you do, this *might* complicate your filing, but depending on what asset is shared and how much asset equity your state's bk exemptions can protect, again very likely he will not be affected at all.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

      Comment


        #4

        No he doesnt work. he hasnt been able to find a job so i see nothing wrong with the fact that right now he is taking out 800 per month just to get by until he gets a job, and yes he does contribute, our rent is 500, he pays 250,he also does his own grocery shopping he spends about 100 per week, we go half on all the other bills and what he has left over goes on the things he needs.

        but when i did my expense paper with my lawyer i just wrote down what portion i was paying for things, not his portions too.

        and hes an amazing guy, to me it seems your putting him down just because hes been having a hard time finding a job. Hes supported me the whole way thru this BK and in other ways too. i totally understand why he was a little freaked out over showing his income.

        and yes he volunteers at the spca a few times a week.
        retained lawyer june 08, filed may 09....341 on 6/26/09- went smooth! Glad to be part of the 60 day club .... AND- 6/27/09- got engaged
        10/30/10- WEDDING!!
        09/04/09-discharged!!!

        Comment


          #5
          I wonder if there's a risk of common law marriage (I think that's what it's called?) in PA.

          Comment


            #6
            Hub, Honey, did you wake up on the cranky side of the bed today?

            Anybody that doesn't understand the BK process might have valid fears of the courts digging around in their financial affairs.

            And just because the BF takes a draw from his trust fund every month doesn't mean he is a ne'r do well. It just means he was lucky enough to have a family member look out for his best interests early on in life.

            Who knows, he may have lost a parent in a horrible accident as a young child and a trust was set up for him.
            Hell, if I had a trust fund, I would certainly want to draw from it, especially if I was unemployed.
            There are a lot of unemplyed citizens out there and there may be terms in the trust that allows him a draw in the instance of unemployment.

            I think you may have come down a little harsh on the BF w/o knowing all the circumstances, especially in this ecomony. It isnt the BF who is filing anyway, and they may have only been living together a short time.

            Sorry, I am not trying to come down on you, it just didn't seem like your typical demeanor in regards to your previous posts and the OP was just looking for answers, which we in the forum should provide with the least amount of judgement possible.

            Comment


              #7
              I'm not trying to steer the conversation away from the main topic, but just to clarify, even in states where gay marriage is legal, the couple is not treated as married under federal law, which means that there are no rights to, for example, sponsoring one's spouse for immigration purposes, equal inheritance rights (the surviving spouse has to pay federal inheritance taxes), or equal rights to continue to receive social security benefits, despite "what they lobbied for." I think this is kind of the issue. I don't know about the legalities of bankruptcy but if I were gay and in a relationship, I don't know that, given this, I'd be so quick to cooperate on the whole "what's your spouse's income" thing.

              On the topic at hand, I'd say your bf has nothing to worry about (though I understand his concern.) The figures only come into play when trying to figure out your expenses. Your lawyer isn't saying he has to sign anything or show up in court, is he/she?

              Comment


                #8
                I am a female living with my BF. My lawyer said nothing about providing proof of his income with my paperwork. It should not have an effect on a chapter 7. I am unmarried period.

                our combined income would still be under the median for my state.

                Comment


                  #9
                  To the OP - if your packet asks for the information, provide it. If you have questions, call your attorney. Do not hold back on any information asked for cause the last thing you want is something to pop up in the end and bite you. The packet is asking for that information for a reason and if you lie and withhold it, it can work against you. Again, ask your attorney directly before you withhold any information.
                  _________________________________________
                  Filed 5 Year Chapter 13: April 2002
                  Early Buy-Out: April 2006
                  Discharge: August 2006

                  "A credit card is a snake in your pocket"

                  Comment


                    #10
                    Originally posted by dingdong View Post
                    Hub, Honey, did you wake up on the cranky side of the bed today?

                    Anybody that doesn't understand the BK process might have valid fears of the courts digging around in their financial affairs.

                    And just because the BF takes a draw from his trust fund every month doesn't mean he is a ne'r do well. It just means he was lucky enough to have a family member look out for his best interests early on in life.

                    Who knows, he may have lost a parent in a horrible accident as a young child and a trust was set up for him.
                    Hell, if I had a trust fund, I would certainly want to draw from it, especially if I was unemployed.
                    There are a lot of unemplyed citizens out there and there may be terms in the trust that allows him a draw in the instance of unemployment.

                    I think you may have come down a little harsh on the BF w/o knowing all the circumstances, especially in this ecomony. It isnt the BF who is filing anyway, and they may have only been living together a short time.

                    Sorry, I am not trying to come down on you, it just didn't seem like your typical demeanor in regards to your previous posts and the OP was just looking for answers, which we in the forum should provide with the least amount of judgement possible.
                    thanks! i really appreciate what you are saying, i thought the same thing about Hubs response but really didnt want to waste my time on an angry response, and yes you are right. His father was a cop and was killed in the line of duty when he was 18mos old, which i why a trust fund was set up for him.
                    retained lawyer june 08, filed may 09....341 on 6/26/09- went smooth! Glad to be part of the 60 day club .... AND- 6/27/09- got engaged
                    10/30/10- WEDDING!!
                    09/04/09-discharged!!!

                    Comment


                      #11
                      You're going to have to answer the questions one way or the other.

                      It's not going to show up on his credit or anything! Tell him to calm down, they're just trying to see how your finances are tied. As long as he's not pouring a lot of money into your bank account, I don't think you have anything to worry about.

                      On an unrelated note, hopefully he can find a job soon :/ That sucks.
                      Filed Chapter 7 12/31/08 341 Meeting 2/3/09 No Asset 2/16/09 Discharged 04/08/09 :)

                      :yahoo: Closed 04/30/09 :yahoo:

                      Comment


                        #12
                        Originally posted by inpain66 View Post
                        I am a female living with my BF. My lawyer said nothing about providing proof of his income with my paperwork. It should not have an effect on a chapter 7. I am unmarried period.

                        our combined income would still be under the median for my state.
                        Your attorney must have missed something. The courts want to know your household income which includes your boyfriend since he lives with you.
                        Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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