Removing a spouse after filing for bankruptcy

[mom2crazies]

Currently, we are filing jointly. We are supposed to file Monday. However, depending on what happens with the trustee and if they force us into a 13, we may end up just having my husband file on his own. I would assume we would find out if they are going to make us convert at the 341 meeting?

My question is if we decide to just have my husband file and take me off the bankruptcy, will we have to re-do the entire thing and pay for it again?

[helpmeout]

Currently, we are filing jointly. We are supposed to file Monday. However, depending on what happens with the trustee and if they force us into a 13, we may end up just having my husband file on his own. I would assume we would find out if they are going to make us convert at the 341 meeting?

My question is if we decide to just have my husband file and take me off the bankruptcy, will we have to re-do the entire thing and pay for it again?

Once you file, the damage is done to your credit rating regardless of whether or not you are dropped.

And if your name is on any of the debt, well, it doesn't really get discharged as you will be the one they go after for payment. And they can seize any assets that has your name on it (after getting a court order that says they can).

Personally, I would just go with the way that will discharge all debt, even if you have to wait until a chapter 13 is finished.

[mom2crazies]

Once you file, the damage is done to your credit rating regardless of whether or not you are dropped.

So, are you saying that there is a way to drop me from the petition without having to have him re-file?

Luckily, we have no joint debt and we have no assets. My income is SSDI so creditors cannot get judgments or garnish it. We are thinking of just having him file because even though I have SS and it SHOULD be exempt, it's not exempt on schedule I and so we look like we have alot of DPI. Also, if I don't file with him, we can factor in my expenses and then I am hoping we could decrease the income as well because the accounts are all separate and I do not use the SSDI that is for me or my children for "household" expenses. This may make it so they cannot argue "abuse" in a chapter 7 and that they would not be able to put him in a high payment plan for a 13, if they still get the 7 thrown out.

[helpmeout]

So, are you saying that there is a way to drop me from the petition without having to have him re-file?

That is a question for your attorney.

[scorpion35]

Currently, we are filing jointly. We are supposed to file Monday. However, depending on what happens with the trustee and if they force us into a 13, we may end up just having my husband file on his own. I would assume we would find out if they are going to make us convert at the 341 meeting?

My question is if we decide to just have my husband file and take me off the bankruptcy, will we have to re-do the entire thing and pay for it again?

i am probably wrong but i think once u file u can't just decide to take yourself out of the bk
and even if u do your income will still be taken into consideration for means test purpose

[momofthree]

Also, if I don't file with him, we can factor in my expenses and then I am hoping we could decrease the income as well because the accounts are all separate and I do not use the SSDI that is for me or my children for "household" expenses.

He will not be able to claim your credit card or debt expenses on his schedules because you do have your own source of income. That said, he shouldn't have to claim any of your income if it isn't contributing to the household.

[woeisme]

i went through this same thing, considered filing solo, but for CH 13, your income will be counted whether you are on the filing or not, your disposable income is the same whether one spouse files or they jointly file, payment is calculated on total household income even when just one spouse is filing, so there is no benefit other than that to your credit rating, which as someone else already pointed out, is already hit from the initial filing.

[frogger]

Luckily, we have no joint debt and we have no assets. My income is SSDI so creditors cannot get judgments or garnish it.

Your creditors can always get judgments regardless of whether you have assets or not. Enforcement/collection of the judgments is an entirely different matter.

[mom2crazies]

Well, they can't enforce those with my SS, though. As long as things were funded with that money, they cannot touch it.

I think the key is showing that the SS should not be counted, or count it and use it as an exemption (which is what we did). Also, we do keep our accounts completely separate and I contribute very little to the "household" income, in the event of him filing on his own (line 17)

The kids should be protected because of 1325

It is all so confusing and there are so many directions that this can go.