QUESTION
Can the trustee divide our income in half for the Chapter 13 bankruptcy 341 meeting?
Asked on Aug 08th, 2012 on Bankruptcy - New Jersey
More details to this question:
I filed for C13, Hubby didn't. Hubby has a house in South Carolina. It's valued at $18k and $31k pay off. That property survived Chapter 7 2 years ago and we were married then. My house in Virginia is paid for, hence the C13 bankruptcy for me.
Went for my 341 and instead of the total household income the Trustee divided our income in half? Hubby makes $400 more then me a month. How is it that the Trustee can divide the household income in half and not use the total household income? HELP!
5 ANSWERS
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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This is why you need a competent attorney to represent you. There are too many other variables to answer it.
Answered on Aug 23rd, 2012 at 5:09 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I am assuming the trustee took that as community property. And is basing your plan on your community share of the income.
Answered on Aug 23rd, 2012 at 5:09 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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You need to talk to a bankruptcy attorney in your state.
Answered on Aug 23rd, 2012 at 5:09 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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You have a bankruptcy attorney who prepared you schedules and plan. Why are you not asking him? He can file a motion to have all income counted.
Answered on Aug 23rd, 2012 at 5:08 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Sounds like a marital adjustment was used to shelter income. This is applicable in NJ.
Answered on Aug 21st, 2012 at 11:20 AM