so, if i marry someone with good credit..

[floridian]

i still havent decided about filing.... what if i marry someone who has good credit... will she be sucked into my legal drama in florida, if she doesnt use my bank accounts etc?(im being sued) being married is the only way i can put her on my health insurance...my wages are protected, disability etc, hers are not.

[StartingOver08]

You do not have to combine your financial affairs if you marry her. You can put her on your insurance as your spouse and still keep separate bank accounts, etc. You can even be married and file separately.

So no, your financial situation would not impact her in the least. However, if you both decide to puchase a home and both go on the mtg, the lender will use the lower of your two credit scores. You can overcome that by not being put on the mortgage/note.

[floridian]

could she be required to be part of a debtors exam?

[StartingOver08]

could she be required to be part of a debtors exam?

That's a good question. I have no idea. Maybe one of the attorney's here knows. I will see what I can find....

[OHBOY]

You do not have to combine your financial affairs if you marry her. You can put her on your insurance as your spouse and still keep separate bank accounts, etc. You can even be married and file separately.

So no, your financial situation would not impact her in the least. However, if you both decide to puchase a home and both go on the mtg, the lender will use the lower of your two credit scores. You can overcome that by not being put on the mortgage/note.

Huuuuhhh ????? Ok, I know 'you can even by married and file separately' and it SHOULD not effect your spouses credit ....
HOWEVER, that married status, sure would have an affect on your bankruptcy as you would have to disclose BOTH incomes (including your disability income ect.)....

It all depends on the overall amounts of income, but it MIGHT end up cheaper for her to be out of the picture all together and to pay for her health insurance until your financial vows are settled...

[OHBOY]

That's a good question. I have no idea. Maybe one of the attorney's here knows. I will see what I can find....

No, she would NOT be directly part of a 'debtors exam'...just 'indirectly' as the forms specifically state that non filing spouses income must be listed unless the parties have separate households....so I maintain that HER income certainly is also affected....... especially/even more so in a 13.

The above is of course pertaining to bk.... as you have not decided on whether or not to file, I would certainly leave my options open, and not marry until I am certain which avenue I am about to take with my finances....

Keep in mind that some insurance covers 'Domestic Partners'... you might be able to work with that idea if it's applicable to your insurance....sure could possibly give you much more flexibility....

[StartingOver08]

I don't know that Floridian was talking about BK. He has been on this board for about a yr and has said on a number of occasions that he does not qualify for a Ch 7 and will not file a Ch 13.

Floridian correct me if I'm wrong and you were speaking about BK.

Now, as to filing BK as a married person without your spouse: that's what I did. My husband's income was included but then all of it was backed out except for what was contributed to household expense (which was extremely minor). Because we have everything separate, it was easy to determine to the penny his household contribution. Naturally the Trustee wanted all the back up information. So yes, one party can file without the other party and if everything is separate, the spouses income will not affect your BK filing. If you combine your income, your debt and your expenses, then your filing is effected.

[OHBOY]

I don't know that Floridian was talking about BK. He has been on this board for about a yr and has said on a number of occasions that he does not qualify for a Ch 7 and will not file a Ch 13.

Floridian correct me if I'm wrong and you were speaking about BK.

Now, as to filing BK as a married person without your spouse: that's what I did. My husband's income was included but then all of it was backed out except for what was contributed to household expense (which was extremely minor). Because we have everything separate, it was easy to determine to the penny his household contribution. Naturally the Trustee wanted all the back up information. So yes, one party can file without the other party and if everything is separate, the spouses income will not affect your BK filing. If you combine your income, your debt and your expenses, then your filing is effected.

Ok, I indeed have not been aware that 'Floridian' has been talking on this board for about a year... shame on me...I only went by what he/she said: namely that it was still undecided whether or not bk would be filed...

As to your personal experience with your bk, I believe that you were most fortunate..more like hitting a jackpot..

It is my understanding that there have been definate rulings, (I'll post them when I find them again) and they concluded that ALL of a non filing spouses income is part of the filing spouses income, not just the part that one claims to be contributing to the household.

I further believe that's why (under the 'new' bk laws) an affidavid, under oath, has to be filed that the married parties (in such example) have not 'aquired' separate households...in which case the income of the non filing spouse would than NOT be counted.

[floridian]

wow, a case of damned if i do....
i have BCBS insurance and ill have to enquire about the domestic partner thing...
as ive said before, my lawyer keeps trying to push me into filing a chap 7, knowing that my disposable income will win me a 13... he just wants closure on my case... he said he doesnt give refunds either, so im screwed..

my financial situation would be the same dollar wise if i file or not, but i will have to lose a couple of luxury items like a motorcycle.. basically im insolvent...the only advantage i can see with filing, is the judgement removal, if i get one....

having your new bride caught up in a debtor exam, would really finish things before they start...she definately needs health insurance, even though it will cost me an additional five hundred bucks per month...so since i would have to count her income, it wouldnt even help me up my expenses for a 7...
she is currently renting a room from her boss... im sure that if i was married and not living together, red flags would go up all over the place...

[OHBOY]

she is currently renting a room from her boss... im sure that if i was married and not living together, red flags would go up all over the place...

Actually, (just my opinion) I don't think that 'red flags would go up all over the place' ...ESPECIALLY not if one signs the mandatory affidavid that the separate households were not for purpose of bk filing.

My opinion is, IF you 'guys' did get married so that she could get her health insurance, AND SHE KEPT HER SEPARATE household by keeping her room with her boss... I think it would not only perfectly 'legit', but you could than also just honestly state that the whole marriage 'thing' was so that she would be eligible for insurance... nothing to do with bk... or trying to bypass any bk laws. There is after all no law that states that just because you are married, you have to live together...

As health insurance coverage also plays a major role in our relationship, I have even CONSIDERED an 'angle' like that...

Remember also (for what it's worth....) Florida does not have any legal 'separation', hence it's quite plausable for a couple to have separate households.... I know, this would really not apply to your scenario...but, I 'mulled it over'/crossed my mind...

[StartingOver08]

Ok, I indeed have not been aware that 'Floridian' has been talking on this board for about a year... shame on me...I only went by what he/she said: namely that it was still undecided whether or not bk would be filed...

As to your personal experience with your bk, I believe that you were most fortunate..more like hitting a jackpot..

It is my understanding that there have been definate rulings, (I'll post them when I find them again) and they concluded that ALL of a non filing spouses income is part of the filing spouses income, not just the part that one claims to be contributing to the household.

I further believe that's why (under the 'new' bk laws) an affidavid, under oath, has to be filed that the married parties (in such example) have not 'aquired' separate households...in which case the income of the non filing spouse would than NOT be counted.

This is true. I had to prove by bank statements (2 yrs) , credit card statments (3 yrs) , tax returns both corp and personal (4 yrs) , and all documentation (1099's etc) what was household income and who paid what. I was not "lucky". I had to provide years of documentation including the last 10 yrs of real estate purchases and sales. I had the everything (all the originals from the oc's etc) provided to my attorney prior to my filing and he provided everything to the panel Trustee and the UST. Also signed the affidavit. The income of both spouses is put on the petition and the income that does not contribute in any way to household expenses or debt is backed out and this is backed by case law. Don't assume that all households are run the same and don't assume that someone 'got over' on a BK case because you are not familiar with the facts. If you have the documentation the Trustees will review it. Check the facts before you assume. This is one reason why we always suggest getting with an attorney to review the debtors specific situation. Most of us can only go by our own experience (except for the attorney's that visit this site).

According to Floridian he is not married and he has been posting quite a while about his situation. Did you even read the history of his posts?

[OHBOY]

[QUOTE=StartingOver08;352771
According to Floridian he is not married and he has been posting quite a while about his situation. Did you even read the history of his posts?[/QUOTE]


Nope, certainly have not read 'Floridians' other threads, and also don't intend to.... (with all due respect to 'Floridian'...).

He made it perfectly clear on this thread that he is not married...
I am sure if he wanted everybody to read the history of his posts he would have stated so, or made reference to them.

I don't think that it is reasonable to assume, nor expect, for everybody or anybody on this forum to have to read the history of anybodies posts.

I believe that each thread should be clear enough on its own, so that even newer members can easily follow what is being discussed, without being made to feel as though this is some 'exclusive club' where one is expected to know the prior history of its posting members.