Non-Filing Spouse Questions

[alo]

We are in a non-Community state. I am filing consumer non-asset BK, my spouse is not. My salary has been reduce a lot in the past few months. I have 95% of the debt and income. His business currently does not provide an income. He's working on this but...I need to address my financial situation now.

Regarding Assets...
- Tax refunds are our only cash/liquid 'asset' that may be something of interest to the trustee. We've gone through savings and retirement. We file tax returns jointly. We have had refunds every year. For 2012, will 50% of the refund be his to keep? Or considered part of the estate, an asset? FYI, he is the 100% owner of the LLC business.

Regarding Means Test...
- We have two cars. One in his name (old/owned outright), one in mine (financed). Will I be able to claim both in Line 22 Vehicle Operation Expenses?

We really don't own any items. No savings. Upside down in house. I'm thinking that I am a no-asset case. Especially since I'm the only one filing.

Kinda wondering how deep they will go into his business books, or if at all, to determine income. Nothing to hide, just want to plan for what I may need to have ready to provide.

Thoughts and advice are appreciated.

[duraflame]

my bk7 was just discharged and I filed in a non-community state without my spouse as well. The attorney will include all household expenses and also both incomes as well even though he is not filing.

[SMinGA2]

Regarding tax refund - when do you intend to file your bankruptcy? If the income is received and spent before filing its not an asset.

I'd think his car (not in your name) is his asset. You'd need to address your assets and your share of joint assets, and each state has exemptions to state what values are safe/yours to keep. I'm not experienced in only one spouse filing - but believe the rule is something like his income is counted only so much as it contributes to household expenses. Not sure if you would be able to claim expense of 2 vehicles when one is his.

[alo]

Thanks. I am hoping his income increases soon but in the meantime, I plan to file after we receive and legitimately spend our refund (we have a ton of house maintenance issues to address... plumbing, a/c repair, ...and some dental work needed).

I am hoping I can claim two car operation expenses on the means test because currently, my income goes to any auto repairs, tags, insurance, gas...

If anyone has any thoughts or experience on this...TIA

[LadyInTheRed]

On the means test, you include your spouse's income (as instructed on line 2c) and then on line 17 you deduct any amounts of income not reguarly paid for household expenses. Here's the form: http://www.uscourts.gov/uscourts/Rul...B_22A_1210.pdf

I filed alone and my husband had no income. I claimed operating expenses for two vehicles and ownership for the one vehicle that I have a loan on. There were no objections.

[alo]

Yup, that's my situation, too.
He owns the old one. My name is the only one on the loan for our newer car.
Thanks, LITR