Need some help or advice on CH7 filed as single

[specialop99]

Hi,

I will be soon filing for CH7 but i got a few questions that my attorney cannot answer and he suggested i look for a tax attorney. But i would like to try here first.

Here is my situation.

Filing for CH7, 2 credit cards totaled 40K under just my name in debt. Recently got married, but i'm filing as single. Wife and son are living in another country. I put that i'm living with parents USA. no employment, no job. Depend on family to pay for expenses. Will there be a problem if i file as a single?

thanks

[LadyInTheRed]

Welcome to bkforum!

Your question is not clear. Are you asking whether there will be a problem filing BK as single or filing taxes as single?

Since your BK attorney told you to talk to a tax attorney, I assume you are asking about filing taxes. But, it seems more like a question for a CPA than a tax attorney. Perhaps this information on the IRS website will help: http://www.irs.gov/uac/Newsroom/Dete...-Filing-Status

If you are asking about filing BK as single, then I suggest you find a different attorney, because that is a question that a BK attorney should answer, not a tax attorney. If you are married when you file BK, you must honestly answer the question that asks your marital status. But, a married person can file BK without his/her spouse. Whether that is the best course of action for you is something that should be discussed with a BK attorney.

[justbroke]

I don't really understand the issue as it pertains to bankruptcy. You would file as an Individual and you should not have a "joint" debtor (your spouse). The rest of the forms are just filled out as you normally would. Unfortunately, the attorney you talked to may be confused. They should be advising you on how to complete the "bankruptcy" forms! I am not an attorney, but I would think that you would, on the Means Test, list that you are married (filing as a single debtor). The same for Schedule I and J.

Whether you can claim the household size for your entire family, is a question for your bankruptcy attorney.

So now I'm really confused... unless you're asking about taxes for which I would have the same response as your "bankruptcy" attorney.

Edited to add: Maybe I should recheck the threads before posting because someone wrote exactly what I was thinking.

[specialop99]

I told my attorney that i am married but the filing says BK as single. His reasoning was the credit cards i owe, i never updated my relationship status. They were always as single. Any advice on this ?

Now if i filed as married. Can the creditors go after my wife even if she is not a citizen of this country? She lives in another country but we are not divorced nor separated.

thanks

[justbroke]

I told my attorney that i am married but the filing says BK as single. His reasoning was the credit cards i owe, i never updated my relationship status. They were always as single. Any advice on this ?

There is no such things as "BK as single". In bankruptcy, you're either an individual debtor or a joint debtor. On your specific forms such as Schedule I, J, and Official Form B22A (the Means Test), you disclose that you are in fact married but filing individually.

From Schedule I... "The column labeled “Spouse” must be completed in all cases filed by joint debtors and by every married debtor, whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed. Do not state the name of any minor child. The average monthly income calculated on this form may differ from the current monthly income calculated on Form 22A, 22B, or 22C."

Your attorney probably wrote that you do not need to file a "joint" bankruptcy because all the debt is in your name.

Your creditors can't pursue your spouse if she is not liable for the debt (e.g. she signed the forms or is some sort of joint user of that credit card).

These are really deep questions for your attorney. I'm worried that you are not asking your attorney the right questions, or you're not understanding the answers. In either case, you really need to speak with your attorney and understand everything based on what s/he is telling you. We can only guess based on the information you're presenting and we do not know the details of your case. If you don't understand your attorney, ask him/her to give you an example which may explain it easier for you. You need to understand what you are signing before you sign the paperwork.

[LadyInTheRed]

Edited to add: Maybe I should recheck the threads before posting because someone wrote exactly what I was thinking.

LOL! It happens JB... It happens...

[specialop99]

K...reason for filing as single is because my last tax return was filed as single, so attorney uses the tax return relationship status in the BK filing. Have anyone gone through similar experience? Legally married but filing as single due to the tax return?

thanks

[Drazil65]

Many married people have filed have filed as individual (its not worded as single) as their debt does not involve their spouses. My spouse filed as individual as everything was in his name at the time including both properties so it is not unusual. I still am not sure what your question is regarding this as it seems like we have answered this through out the thread? Have you asked your attorney to be clearer with you regarding your filing?

I am not sure how much prep work (research) you did before filing but perhaps you could take some time and search these forums for other filers stories and answers to become more comfortable with your choices. Knowledge is power.

[specialop99]

I asked my attorney to see if he had any cases similar to find, and he had none. I only picked him because I knew of friends who declared CH7 with him and were successful at getting their debt discharged.

I have not signed any papers, just reviewing the forms. So far, in the papers, says filed as Individual and not married. Attorney says he is just following what my last tax return says. I will keep searching here for cases similar to mine.

Thanks for the help

[specialop99]

Many married people have filed have filed as individual (its not worded as single) as their debt does not involve their spouses. My spouse filed as individual as everything was in his name at the time including both properties so it is not unusual. I still am not sure what your question is regarding this as it seems like we have answered this through out the thread? Have you asked your attorney to be clearer with you regarding your filing?

I am not sure how much prep work (research) you did before filing but perhaps you could take some time and search these forums for other filers stories and answers to become more comfortable with your choices. Knowledge is power.

Did your spouse file BK as single (while being married) ?

thanks

[keepsmiling]

We always suggest you visit at LEAST 3 attorneys.
Another may be better versed in this situation.

[justbroke]

I have not signed any papers, just reviewing the forms. So far, in the papers, says filed as Individual and not married. Attorney says he is just following what my last tax return says. I will keep searching here for cases similar to mine.

I'm not an attorney but that is interesting. I would assume that you don't need any of the expenses related to being married, especially if you're supporting the family (abroad). I know you can file taxes when you're married as "Married Filing Separately", but I never thought you could file taxes as "Single" when you are married. That's a tax question and maybe that's why your attorney said you need to consult a tax expert!

[Drazil65]

So I am assuming your last tax return is for 2014 and as you filed that tax return as single you were not married in 2014 at all? So you have just recently been married in 2015, correct? But if this is the case and you are married now as you are preparing to file, then you would file as my spouse did as "married filing as an individual" or it would not be a truthful fact? The simple matter is that you are married during your filing period so why would it not be mentioned in the paperwork?

I am still confused as to why the attorney prepared the paperwork based only on the 2014 tax returns and not the facts of your current situation (being married)? Are you telling us everything (like were you actually married in 2014 but filed your taxes as a single person)? Something does not make sense....

[specialop99]

The last tax return was filed as single, haven't filed 2014 tax. Married in 2012 and planning to file tax return for 2014 (extension). My attorney is preparing file based on what he has from previous tax return, which i was single. And yes, I have selected CH7 as Individual. So my question is are their cases similar to mine?

[TomJ1]

If you've been married since 2012, then you can't file income taxes as Single. Talk to a tax professional, and get those taxes amended. I'd be leery of working with an attorney who has no problem with you lying on your petition saying your single when you've been married for 3 years.