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Husband filing ch7 alone, what will they want from ME?

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    Husband filing ch7 alone, what will they want from ME?

    Besides household assets/expenses, my attorney has requested 6 months salary and business expenses from me (I'm an independent contractor, commission only, wildly fluctuating salary with a one year average of about $3000 per month).

    In an effort to be prepared as possible, what other information will be required by me? Will the trustee want to see my bank account statements as well as my credit card bills? My bills are solely in my name, and my husbands are solely in his.

    The only personal asset that I have is a future interest in my mothers home, I'm on the deed for estate planning purposes only. My husband is NOT.

    #2
    Murphsmom, asking for your 6 months salary and business expenses is normal. Draw up a spreadsheet showing income in and expenses. Assets held by the non-filing spouse only are not an issue. I would also have a folder handy with receipts (just in case) as well as a list of your expenses (IE credit card bills, car payments in your name only, etc.) Your attorney may not need all of that, but it is much easier to have it on hand in case he/she is asked for it. Good luck to you.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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      #3
      Hi Murphsmom,

      Can't speak for NY, but in our case the attorney or trustee wanted information regarding all joint assets, 6 months paystubs for the non-filing spouse, and expenses including a copy of a credit card statement to show the payment. We did not have to list any assets that were only in the non-filing spouses name. Your Mother's home shouldn't even come up - it isn't his and therefore not property of the estate.

      Take Newbie's advice and do a spread sheet. Your income WILL be counted in total household on the means test and then all of your expenses (including your bills not in his name) will be deducted from that amount.

      SG

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        #4
        I am filing alone. The only thing that counts is my husband's income, and they also look at his bills cumulatively speaking -- like his credit card pymts are listed as a lump monthly sum.

        Only joint asset we have is the house, and all equity is protected.
        Filed 5/31/11 341 & Report of No Distribution 7/28/11 Discharged & Closed!! 9/29/11
        "What I won't accept or buy any longer is that my credit score defines who I am. Screw that."

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