Disclose income for BOTH on financial statement after Judgement Lien ?

[OHBOY]

I am presenting the following scenario:

Lets assume that I would NOT file for BK... than,following a judgement lien... I assume I would be asked to fill out a financial statement...

WOULD MY SPOUSES INCOME ALSO HAVE TO BE DISCLOSED (such as is the case in BK)...OR, is my income the only income to be considered in such case.


As I am still giving consideration to BK vs non BK, your input would be appreciated.

[junker]

if i remember....you are in florida...which is not a community prop state..so IF they wanted a disclosure you shouldnt have to disclose spouses income...AND..i have had a few judgment liens...one even turned to abstract of judgment...and no one asked for anything....except a small claims case many years ago...which even in california...which IS a community prop state...turned out ok...didnt ask anything...even if i was married or not...florida is not generous for car exemptions..i think it was only 1000 bucks when i lived there....so i would worry more about that...and bank accts...thats the first things they will look for...and of course your job...

[junker]

[junker]

i apologize...i just found a typical judgment debtor exam...and it DOES ask about spouses income..although i still dont think they can take it...but it DOES ask.. here it is

QUESTIONNAIRE FOR JUDGMENT DEBTOR EXAMINATION

1. Name of judgment debtor __________________________________________________
2. Address of judgment debtor _______________________________________________
3. What is your date of birth? ______________________________________________
4. Where were you born? __________________________________________________ ___
5. What is your Social Security number? _____________________________________
6. What is your Driver's license number? ____________________________________
7. What is your occupation? _________________________________________________
8. Are you employed by someone else? ___ If so, give name, address, and phone
number of your employer: _______________________________________________
__________________________________________________ ______________________
9. Are you in business for yourself? ___ If so, give name, address, and phone
number of your business: _______________________________________________
__________________________________________________ ______________________
10. Are you married? ___ If so, give your spouse's full name (including any
maiden name, if applicable): ___________________________________________
__________________________________________________ ______________________
11. Do you have any children? ___ If so, give name, age and address of each:
__________________________________________________ ______________________
__________________________________________________ ______________________
12. Were you married before your current marriage? _____ If so, give the name
and address of each former spouse, the date of marriage, and the date of
divorce or death: __________________________________________________ ____
__________________________________________________ ______________________
__________________________________________________ ______________________
13. Do you live in a home? ___ If so, who owns it? ___________________________
14. Do you have any boarders or tenants? ___ If so, give name and address of
each and the amount of rent or other consideration paid each month:
__________________________________________________ ______________________
15. Do you have any other sources of income? ___ If so, please describe them:
__________________________________________________ ______________________
__________________________________________________ ______________________
16. Are your or your spouse or any of your children employed or in business?
___ If so, give the name and address of the empoyment or for each and
the salary or income of each: __________________________________________
__________________________________________________ ______________________
17. Do you or your spounse have a safe deposit box? ___ If so, give the name
and address of the bank or other institution where the safe deposit box
is located:__________________________________________ ___________________
__________________________________________________ ______________________
18. Do you have the right to access any safe deposit box not listed above? ...
If so, state the name(s) of the owner(s) of the box and the name and
address fo the institution where the box is located: ___________________
__________________________________________________ ______________________
19. How much cash do you have on your person at this time? $__________________
20. Do you or your spouse have any deposit, savings, checking, or other
accounts at any bank, credit union, savings institution, thrift and
loan, or other institution? ___ If so, state the name and address of the
institution(s) where the account(s) is/are held and the amount(s) of the
balance(s):_______________________________________ ______________________
__________________________________________________ ______________________
__________________________________________________ ______________________
21. Is there any deposit, savings, checking or other account that you have not
described that is subject to your control? ___ Describe: _______________
__________________________________________________ ______________________
22. Do you have power of attorney or any other power to sign checks or other
instruments for the payment of money on any account? ___ Describe:
__________________________________________________ ______________________
23. Do you or your spouse own a boat, automobile or other motor vehicle? ___
If so, for each give the manufacturer and model number, the year of the
vessel or vehicle, the balance due and owing thereon, and the name of
the legal owner: __________________________________________________ _____
__________________________________________________ ______________________
24. Do you or your spouse have any interest in any real estate, land,
improvements, etc.? ___ Describe: ______________________________________
__________________________________________________ ______________________
__________________________________________________ ______________________
25. Do you or your spouse have any interest in any stocks, bonds or other
securities? ___ Describe: ______________________________________________
26. Do you or your spouse have any interest in any mortgages or trust deeds on
real property? ___ describe: ___________________________________________
__________________________________________________ ______________________
27. Do you or your spouse have any interest in any security agreements or
liens on personal property? ___ Describe: ______________________________
__________________________________________________ ______________________
28. Do you or your spouse have any interest in any promissory notes, drafts,
bills of exchange, commercial paper, or any other instruments? ___
Describe: __________________________________________________ ____________
29. Do you or your spouse have a judgment against anyone else? ___ Describe:
__________________________________________________ ______________________
30. Do you or your spouse have any interest in any watch, diamond(s), other
jewelry or antiques? ___ Describe: _____________________________________
31. Do you or your spouse have any interest in any stamp or coin collection?
___ Describe: __________________________________________________ ________
32. Do you or your spouse have any interest in any patents, inventions,
trademarks, tradenames, or copyrights? ___ Describe: ___________________
__________________________________________________ ______________________
33. Do you or your spouse have any interest in any joint ventures,
partnerships, or other business enterprises? ___ Describe: _____________
__________________________________________________ ______________________
34. Do you or your spouse have any interest in any warehouse receipts, bills
of lading, or other documents of title? ___ Describe: __________________
__________________________________________________ ______________________
35. Do you or your spouse have any interest in any musical instruments? ___
Describe: __________________________________________________ ____________
36. Have you or your spouse pawned any personal property? ___ If so, state the
name of the person or company with whom you pawned the property, the
address of such person or entity, and the amount necessary to to redeem
the personal property from that pawn: __________________________________
__________________________________________________ ______________________
37. Do you or your spouse own any other property not listed above? ___________
If so, furnish complete details: _________________________________________
__________________________________________________ ______________________
__________________________________________________ ______________________
38. Are you or your spouse the beneficiary of any trust? ___ If so, furnish
complete details: __________________________________________________ ____
__________________________________________________ ______________________
39. Have you or your spouse inherited any money or property? ___ If so,
furnish complete details: ______________________________________________

40. Do you or your spouse have any interest in the estate of any deceased
person? ___ If so, furnish complete details: ___________________________
__________________________________________________ ______________________
41. Are you or your spouse a party to any pending lawsuit or other proceeding?
___ If so, state the name and address of the Attorney representing you
and/or your spouse, the title of the action, the case number, the name
of the court in which the action is pending, and the names and addresses
of the Attorney(s) for all other parties who have appeared in the
action: __________________________________________________ ______________
__________________________________________________ ______________________
__________________________________________________ ______________________
__________________________________________________ ______________________
__________________________________________________ ______________________
42. Do you or your spouse have any interest in any will? ___ Describe: _______
__________________________________________________ ______________________
43. Have you or your spouse assigned any insurance policy, judgment or cause
of action? ___ Describe: _______________________________________________
44. Have you or your spouse filed any fictitious business name statement of
limited partnership? ___ If so, under what name? _______________________
__________________________________________________ ______________________
__________________________________________________ ______________________
45. Have you or your spouse transferred any property whithin the past three
years? ___ If so, descibe the property and furnish complete details of
the transfer: __________________________________________________ ________
47. Has any license, franchise or permit been granted or issued to you or your
spouse by the federal, state, city, or county government or any agency
thereof? ___ If so, furnish complete details: __________________________
__________________________________________________ ______________________
48. Do you or your spouse have any insurance? ___ If so, give the name of the
insurance company, the amount, type and date of issuanc of each policy,
the policy number for each policy and the annual premium paid for each
policy: __________________________________________________ ______________
__________________________________________________ ______________________
49. Have you or your spouse obtained any loans against any insurance policy?
___ If so, furnish complete details: ___________________________________
__________________________________________________ ______________________
50. Where are these insurance policies kept? _________________________________
51. Are you or your spouse receiving, or have you or your spouse made any
claim for, any payments on an insurance policy such as a life, health,
or disability insurance policy? ___ If so, furnish complete details:
__________________________________________________ ______________________
__________________________________________________ ______________________
__________________________________________________ ______________________
52. Does anyone owe you or your spouse any money? ___ If so, furnish complete
details: __________________________________________________ _____________
53. Where do you and your spouse keep your books and records? ________________
54. Have you filed a federal or state income tax return for each of the last 5
years? ___ If so, can those returns be inspected at the conclusion of
this hearing? __________________________________________________ ________
55. Does the federal or state government owe you or your spouse any money,
such as a refund on taxes paid? ___ If so, furnish complete details:
__________________________________________________ ______________________
__________________________________________________ ______________________
56. Do you or your spouse have an accountant or CPA? ___ If so, set forth the
name, address and telephone number of such person(s): __________________
__________________________________________________ ______________________
57. What are you and your spouse's average monthly expenses? _________________
__________________________________________________ ______________________
58. Are you making any payments to any creditor? ___ If so, furnish complete
details: __________________________________________________ _____________
59. What are you and your spouse's total liabilities, including the amount of
this judgment? __________________________________________________ _______
60. What are the names and addresses of your other creditors: ________________
__________________________________________________ ______________________
__________________________________________________ ______________________
__________________________________________________ ______________________
61. Are there any judgments of record against you? ___ If so, furnish complete
details: __________________________________________________ _____________
__________________________________________________ ______________________
62. Has a receiver, trustee, or custodian been appointed for you or your
spouse's property? __________________________________________________ ___
63. Have you or your spouse ever made an assignment for the benefit of
creditors? ___ if so, furnish complete details: ________________________
__________________________________________________ ______________________
64. Have your or your spouse ever filed for bankruptcy? ___ If so, furnish
complete details: __________________________________________________ ____
65. Have you or your spouse furnished a financial statement or loan
application or similar document or anyone during the past three years?
___ If so, furnish complete details: ___________________________________
66. Are you or your spouse a comaker, guarantor, or endorser on any loan or
other obligation? ___ if so, furnish complete details: _________________
__________________________________________________ ______________________
67. Are you or your spouse unable to pay your debts as they mature? __________
68. Has any other judgment creditor taken any steps to enforce a judgment
against you or your spouse, such as garnishing your wages, levying on
bank accounts, conducting a judgment debtor's examination, etc.? _______
If so, furnish complete details: _______________________________________

[OHBOY]

junker: THANK YOU SOOO MUCH (!!!) FOR TAKING THE TIME TO POST ALL OF THE 'GOODIES'.

So... if spouses income is not considered it sure could be better for some not to file bk (where in heck did the 'smilies' symbols go to)

Would not be too concerned about the vehicle allowance, one vehicle is just about 8yrs old and in my wifes name.
The other one is just about 13yrs old and my wife is thinking of putting it into her name...presently the title is in my 'OR' her name (without the 'AND'), and for that reason I 'think' it should not be considered a 'fraudulant transfer' to avoid creditor rights (?...someone, please correct me if I am wrong..)

Bank account is in the process of being taken care of... will close it, and just put funds from my SS or IRA into my wifes account if needed, also getting a SS debit card... again...please, if somebody believes that any of it would be a 'no, no', I like to hear your input.

As to 'job':both retired.......(however do have an 'under the table job' consisting of: doing research on BK vs. Non BK & riding on being 'collection proof ')

[OHBOY]

...just read your post on the financial statement after I posted my previous response.

junker: no need to apologize ! ..instead THANK YOU !

questionaire sure is interesting...
Don't like some of the questions, i.e.

# 10 ( wifes name & 'maiden name' ???), # 11 (none of their damn business), # 12 (ha..especially 12, as I have been married several times, and who wants to get their former spouses in on any of this...geeez, under the circumstances, and as it is rather cheap in FL, I might even get ANOTHER divorce....)

don't really mind # 15 as all of our income consists of exempt income.

You are right, they do ask a lot of questions about spouse......

[junker]

i have had many judgments..no one has ever asked me to fill this out..and i wouldnt unless ordered by judge.even the judgment i now have which is also a abstract of judgment ..has not in the 5 years i have had it.asked for a debtors exam. even here in california and just purchased a house i talked with legal aid attorney and was told dont worry nothing they can get..just make sure i have homestead filed.... but sounds like you are same as me...just about everything is exempt...or uncollectable....as for debtors exam paper...i think i read there is a way you can answer questions extremely vaguely and get by...like i cant remember...dementia..

[treehugger1]

How about "the query is not related to the plaintiff's judgment against me?" This seems like a very reasonable answer since the suit was against you. Just thinking out loud...

If you are not in a community property state, why would anyone in their right mind disclose another person's assets who were not listed as judgment debtors? Maybe some states have different rules as to what can and can't be asked.

[OHBOY]

How about "the query is not related to the plaintiff's judgment against me?" This seems like a very reasonable answer since the suit was against you. Just thinking out loud...

If you are not in a community property state, why would anyone in their right mind disclose another person's assets who were not listed as judgment debtors? Maybe some states have different rules as to what can and can't be asked.

Very good suggestion & makes a lot of sense to me. Thanks 'Treehugger'