Still living together but not as a couple + Bankruptcy by one spouse

[jensantos16]

I am considering filing for bankruptcy but my situation is a bit odd - All debts including mortgage are in my name only. My husband(?) make about 3K a month but he is also in debt but does not want to file bankruptcy. My husband and I still live together but not as a couple anymore. We are considering divorce but just don't have the funds at the moment for a divorce proceeding.

Will his income need to be considered if I file for bankruptcy?

[free2breathe]

I'm not positive, but I think that since you are still legally married and living in the same house, it would be nearly impossible to file without including his income.


eta:"First, unless the married partners are legally separated and are maintaining completely separated households, both individuals’ actual, earned gross income is required for each of the 6 months prior to the month in which the bankruptcy petition is being filed for purposes of the Means Test. This will not vary by geographic area as it is required by the Federal Bankrtupcy Code."

Found this on a Michigan bankruptcy lawyer site. So, as I thought, you would have to include his income, even though you are filing by yourself.

[kmattin]

If you are still married and living under the same roof, both incomes will be counted.

[jensantos16]

OK so he makes about $3100/month but he's neck deep in debt too. After all his bills he gets 300-500 left each month.

Is there a way to find out if I pass the means test including his income?

Can the BK court make him pay my debt first before his?

[free2breathe]

If you file by yourself, you have to include his gross income on the means test. You can go here to see what the median income is for your state - http://www.justice.gov/ust/eo/bapcpa...come_table.htm. If you are above the median income, you can complete the means test here to see where you stand, roughly - http://www.legalconsumer.com/bankruptcy/nolo/.

[jensantos16]

Since I will be filing BK alone, will my husband need to be present at the hearing or any meeting with the trustee?

Will he need to prepare his identification card and social sec car like i will?

Will he need to present statements for his credit card/accounts/debts?

I'm really worried. It's already bad as it is and I'm trying not to upset him even more by getting his schedule messed up and giving him stuff to work on. (

[jensantos16]

bump^

[chicagoannie]

Your case is a little complicated because if you file on your own, then divorce, you could get saddled with debts in the divorce settlement...have you spoken with any attorneys? You can get free consultations and get some of these very important questions answered by an expert.

[shark66]

If you're filing by yourself, the spouse won't have to be present at 341 meeting or any other "occasion".

Hope this helps and good luck.

[jensantos16]

What docs will be asked from my husband (soon to be ex)? Will he need to itemize his own expenses to prove that there is almost nothing left of his paycheck?

Thank you.

[ashleywatson]

You are legally married and living together, i think you should involve his name in bankruptcy. You should hire a good attorney to handle your case.

[helpmeout]

If I were you, I would wait until after the divorce to file BK. If you get the debt discharged that is in your name only, then when it comes time to divide the joint debt (if the debt was acquired during the marriage, then it is joint regardless of whose name is on it) the only debt that will be left to divide is what is in his name.

This way, you can say that you will take on all debt that is in your name and he keeps the debt that is in his name. This way, when you file BK, you won't be in contempt and your stbx can't take you back to family court to get you to pay the debt that was discharged. Which can legally happen if the divorce decree is worded the correct way. An example, if I had not refinanced my ex's name off of the mortgage, I would have been stuck in a house that I can't afford because of the way my court order is worded. On the flip side, had my ex declared BK on a debt that was in both names that the court order stated that he was supposed to pay, I could have gone after him in family court once the creditors started coming after me. And he would have been ordered to reimburse me anything I paid to the creditors. And since the court order stated that the debt division was to be considered support, my ex wouldn't have been able to discharge the obligation to me.

Just something to think about.