Upsolve

[xoxoamandajo]

I filed with an attorney in 2020. However, I am now trying to assist my boyfriend with filing through upsolve. It's becoming quite tricky. He has no assets of his own. We are not married. The house and car are in my name as are all utilities. He has no income due to becoming disabled. When filling out the paperwork, he had to include my income as it's considered assistance. Fine, that's no issue. However, now that he is at the part where he takes credit counseling, it has my head spinning. Is he supposed to answer these questions off his own stuff only? Is he supposed to include the house payments/utilities etc like he was required to in the actual bk papers? I wish we had the money for an attorney, but that's not the case. We also do not have any bk clinics and legal aid no longer provides assistance with paperwork. We live in WV if that makes any difference. I have contacted every attorney possible for options and there are no pro bono services available.

[justbroke]

I don't know why he had to "include" your income if you're unmarried. What should be done is that the extent to which he receives regular income from you, or to the extent that you offset his expenses, that is how it's done. I hope you are not saying that you completed the "spouse" column or otherwise just added all your income into his income.

[xoxoamandajo]

Oh no, did not complete the spouse column at all. Just that the amounts I pay for mortage, utilties, etc were included as income on his part. I think it's looked at on the same area where it asks for whatever government assistance you may receive. My name nor actual income itself is anywhere on the bankruptcy. The part I am extremely confused on is the credit counseling. It keeps asking about household bills etc etc. Example. It asks if he owns a home. No, he does not. I own the home. It asks about cars. No, he doesn't own a car. I own the car. So does that mean he needs to put the mortgage payment on his credit counseling? I just don't understand. If he answers the credit counseling just as himself, it will not look anything similar to his bk paperwork. I desperately wish we had a bk clinic or pro bono lawyers but we do not in this area and our local legal aid no longer assists with bk.

[justbroke]

Do you have a guidebook such as Nolo's How to File Chapter 7?

I usually don't explain all the forms because I want you to get them right. The income that you are contributing on a regular monthly basis, possibly goes on Line 8b of Schedule I (Other monthly income.Specify). However, if you don't give him the money directly -- meaning you pay the bills directly -- then it's not regular income for Schedule I. At least, that's my thought.

I would see if there is Pro Bono bankruptcy or a debt clinic available for your boyfriend. I would prefer that his forms are completed accurately.

I just can't help you with how to complete the forms. I don't know how your district wants to the forms to show that you pay the rent and non-mortgage/non-rent expenses.

[Backagain]

When I filed BK (chapter 7) back in 2015 I was living with my parents. I did not include their bills (utilities, mortgage, insurance, etc) as income. It was their house, etc. with or without me. They did pay me a small amount as I was their live in caregiver…that amount I included in income.

I had the same questions as you…and was told that their bill payments were not income to me in any way.

[xyta777]

I don’t want to minimize your concerns, but you may be over thinking this. In my district at least, the credit counseling people don’t really “talk” to the court, they just provide a certificate saying it’s been done. I (believe) a good faith effort on his part to complete it all as best he can is all that is asked. After all, it sounds like there are not a ton of assets in the estate anyway, and they’re really looking for ppl committing big time fraud. As large as housing costs are, that and a couple utilities etc is probably not even going to register on anyone’s radar- big picture, it’s small dollars.

[Carmella]

I have no idea if this works, but if you call some BK attorneys can you ask them if they will do any pro bono work with a man who is disabled? It can't hurt to ask.

As for the credit counseling, I would think since he has no house nothing would be placed in the amount for the mortgage since he does not pay for it. But don't take my word for it since it's just my opinion reading what you have written. I would definitely read as much information as you can find out like justbroke mentioned.

[flashoflight]

Nobody cares about the budget numbers in the credit counseling course once the course is completed. Only the numbers in the actual petition count. Put in whatever makes sense to get the counselor to finalize completion of the course. You're never going to look at the course material again once you get the certificate of completion.