QUESTION
Am I required to give my personal information if it’s my husband who’s filing bankruptcy?
Asked on Jan 31st, 2013 on Bankruptcy - Colorado
More details to this question:
My husband is filing bankruptcy. His attorney is requesting 6 months of my pay stubs. I am not a party on this bankruptcy at all.
16 ANSWERS
For your husband to file, he must supply 6 months of "household" income, not his income. So yes you must give the income information if you want the bankruptcy to go forward.
Answered on Feb 11th, 2013 at 1:06 AM
Bankruptcy Attorney serving Cleveland, OH
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Benson Law Firm
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You must provide income verification if you are a member of a debtor's household.
Answered on Feb 05th, 2013 at 12:11 PM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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The bankruptcy rules require that the household income and expenses be disclosed. However, your name and social security number will not be disclosed.
Answered on Feb 05th, 2013 at 12:11 PM
The "CMI" test/Schedule I requires that the income of anyone "living under the same roof" be reported, including their income contributions to the household expenses.
Answered on Feb 05th, 2013 at 12:10 PM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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Yes, you must give them your paystubs. You go through chapter 7 bankruptcy as an economic unit, although it will not affect your credit score.
Answered on Feb 04th, 2013 at 8:40 PM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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You are not "required" to give your personal information. However, your husband probably won't be able to file the bankruptcy. Just give the attorney oral numbers regarding your income. He should not need 6 months of info and I am not aware of any requirement that the information regarding the nonfiling spouse to document their income other than what appears on tax returns.
Answered on Feb 04th, 2013 at 8:36 PM
Chapter 7 and Chapter 13 Bankruptcies Attorney serving Dublin, OH
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Granger Law Firm LLC
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You are required to give your 6 months of paystubs since it is household income. The bankruptcy will not have your name or social security number on it, just your monetary contribution to the household.
Answered on Feb 04th, 2013 at 8:34 PM
Since you live with your husband, your income is an important indicator of whether or not he is eligible to file bankruptcy. Your social security number and other identifying information will not be disclosed and your credit will not be affected by you providing this information. It is necessary and is not a joke or a scam.
Answered on Feb 04th, 2013 at 8:30 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Yes, as you are part of the household and the Means Test is based on all income to the household. The attorney is correct to ask for the information.
Answered on Feb 04th, 2013 at 8:22 PM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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That information is required for his bankruptcy case.
Answered on Feb 04th, 2013 at 8:21 PM
Deborah F. Bowinski
The bankruptcy code required that all household income be disclosed when a bankruptcy case is filed. Your husband's lawyer is correct in requesting that information.
Answered on Feb 04th, 2013 at 8:20 PM
Bankruptcy Attorney serving Seattle, WA
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Henry & DeGraaff, PS
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Since Washington is a community property state, and the bankruptcy code requires that your husband disclose all "household" income, his attorney really does need this information to file the bankruptcy. There may be a benefit to you, as the marital community receives a discharge of its debts when your husband does. This may help protect your separate income, as well as help protect any property the two of you have acquired while you were married.
Answered on Feb 04th, 2013 at 8:16 PM
Bankruptcy Attorney serving Overland Park, KS
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Wellman Law LLC
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Your husband is required to list your income for the 6 months prior to the month of filing in Form B22, unless you are separated. In Chapter 13 he is also required to list your income for the current year to date and the 2 previous years in the Statement of Financial Affairs, unless you are separated.
Answered on Feb 04th, 2013 at 8:15 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Yes, if you are living with him. His bankruptcy will affect you.
Answered on Feb 04th, 2013 at 8:15 PM
Trusts & Estates Attorney serving Camarillo, CA
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Law Offices of Larry Webb
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Yes, household income must be disclosed.
Answered on Feb 04th, 2013 at 8:14 PM
Bankruptcy Attorney serving Denver, CO
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Colorado Bankruptcy Law Group, LLC
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Household income is used to determine if a filer qualifies for chapter 7 bankruptcy or what his play payment may be in chapter 13 bankruptcy. What that means is that your income will have to be taken into consideration even though you aren't filing. Don't worry, though. Your name will not be included on his bankruptcy petition and your credit won't be affected. If you have any joint debts, after he files you will be solely responsible for paying those creditors.
Answered on Feb 04th, 2013 at 8:13 PM