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Idaho Bankruptcy Legal Questions

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90 legal questions have been posted about bankruptcy by real users in Idaho. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include commercial bankruptcy, consumer bankruptcy, and foreclosures. All topics and other states can be accessed in the dropdowns below.

If I include my non-filing husband’s income in the schedule for income, can I also include the debts surrounding joint expenses made for the family?

Answered 11 years and 9 months ago by William Rhymer (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Bankruptcy
Yes, as to your schedules I&J. But to include them in the Means test calculation to try to pass the means test they must be debts of his that are for him. (ex. his boat payment, his vehicle payments, his credit card payments, etc,) I hope this helps.
Yes, as to your schedules I&J. But to include them in the Means test calculation to try to pass the means test they must be debts of his that are... Read More

If I include my non-filing husband’s income in the schedule for income, can I also include the debts surrounding joint expenses made for the family?

Answered 11 years and 9 months ago by Jeremy B. Shephard (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Bankruptcy
You have to complete Schedule I (income) & Schedule J (expenses) on a household basis in a bankruptcy petition. You would include your husband's income so you would also include his ongoing expenses in the schedules. Of course, your husband's debts wouldn't be included as he isn't going to be filing.... Read More
You have to complete Schedule I (income) & Schedule J (expenses) on a household basis in a bankruptcy petition. You would include your husband's... Read More

If I include my non-filing husband’s income in the schedule for income, can I also include the debts surrounding joint expenses made for the family?

Answered 11 years and 9 months ago by Paul Drew Stuber (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Bankruptcy
They want the full household income and expenses, but not the debts that will be discharged.
They want the full household income and expenses, but not the debts that will be discharged.

If I include my non-filing husband’s income in the schedule for income, can I also include the debts surrounding joint expenses made for the family?

Answered 11 years and 9 months ago by Michael Burton McFarland (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Bankruptcy
You are supposed to include all debts for which you are obligated, including joint, community, co-signed, etc. However, since the process gets a little more involved with a non-filing spouse, you should consider consulting with an experienced bankruptcy attorney before filing.
You are supposed to include all debts for which you are obligated, including joint, community, co-signed, etc. However, since the process gets a... Read More

If I include my non-filing husband’s income in the schedule for income, can I also include the debts surrounding joint expenses made for the family?

Answered 11 years and 9 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Bankruptcy
Because Nevada is a community property state, you may include the debts you have with your spouse jointly. However, you cannot discharge debts that are in your spouse's name alone, those would be allowed as a deduction on the Means Test in the section called Marital Adjustment.
Because Nevada is a community property state, you may include the debts you have with your spouse jointly. However, you cannot discharge debts that... Read More

If I include my non-filing husband’s income in the schedule for income, can I also include the debts surrounding joint expenses made for the family?

Answered 11 years and 9 months ago by Seth A. Schoenfeld (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Bankruptcy
You must list all of your debts and debts that you are jointly liable for. If you list your husband's credit card that he used to buy something for the household and you are not a signer on the account then this debt will not be discharged. Also, if you are on the account only you will receive the discharge and the creditor can still pursue him.... Read More
You must list all of your debts and debts that you are jointly liable for. If you list your husband's credit card that he used to buy something for... Read More

If I include my non-filing husband’s income in the schedule for income, can I also include the debts surrounding joint expenses made for the family?

Answered 11 years and 9 months ago by Daniel T. Garner (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Bankruptcy
Yes, you should include debt service payments your non-filing spouse makes for debts that are not being discharged. I just add a miscellaneous installment payment amount for "non-filing spouse debt payments," based on an estimate of his total monthly payments to all such debts. If the trustee wants more details, s/he can always ask for documentation but that has never been requested on any of my cases.... Read More
Yes, you should include debt service payments your non-filing spouse makes for debts that are not being discharged. I just add a miscellaneous... Read More

If I just got a notice to vacate from the sheriffs and I started the process for bankruptcy about 2 weeks ago, can bankruptcy buy me more time?

Answered 11 years and 11 months ago by Frances Ann Headley (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Bankruptcy
Yes, you should notify the court and the sheriff that you filed bankruptcy. That filing automatically stays any state court action unless and until the bankruptcy court removes the automatic stay.
Yes, you should notify the court and the sheriff that you filed bankruptcy. That filing automatically stays any state court action unless and until... Read More

On Schedule B for Bankruptcy, do I deduct the $731 from value?

Answered 11 years and 11 months ago by Ms. Susan Green Taylor (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Bankruptcy
You need the help of a lawyer; you need to list the $731 on Schedule D secured debt.
You need the help of a lawyer; you need to list the $731 on Schedule D secured debt.

Can the courts still hold me liable if in my divorce decree I am to be held harmless of the judgments on my credit that my husband is responsible for?

Answered 11 years and 11 months ago by Lauren Deann Walker (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Yes. The courts still consider you liable. However you can always file a motion with your family court judge requesting that the judge enforce your judgment of divorce. If your husband was responsible for the debt he should be paying it and if he is not then the courts have the power to make him do so.... Read More
Yes. The courts still consider you liable. However you can always file a motion with your family court judge requesting that the judge enforce your... Read More

Can the courts still hold me liable if in my divorce decree I am to be held harmless of the judgments on my credit that my husband is responsible for?

Answered 11 years and 11 months ago by James Timothy Weiner (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Yes the courts can still hold you liable for the debts if you are on the loan. Your divorce judgment does not effect your liability to the creditors, it only affects who pays the debt.
Yes the courts can still hold you liable for the debts if you are on the loan. Your divorce judgment does not effect your liability to the creditors,... Read More

Can the courts still hold me liable if in my divorce decree I am to be held harmless of the judgments on my credit that my husband is responsible for?

Answered 11 years and 11 months ago by Dennis Joel Leffert (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Credit card companies are not bound by your Divorce Decree. If you are a signatory on the account, they can go after you. Your recourse is to go back to Court and ask the Judge for an Order requiring your spouse to pay or reimburse you, whichever the case may be, and ask the Court to Order him to pay your Attorney fees and costs.... Read More
Credit card companies are not bound by your Divorce Decree. If you are a signatory on the account, they can go after you. Your recourse is to go back... Read More

Can the courts still hold me liable if in my divorce decree I am to be held harmless of the judgments on my credit that my husband is responsible for?

Answered 11 years and 11 months ago by John F. Brennan (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Yes, the courts could still hold you liable for any joint debts which he does not pay, regardless of the fact that they were assigned to him in the divorce decree. Your remedy is to take him back to be held in contempt of the court for failing to comply with the judgment. That does not however provide you with the defense from a creditor who you legally owe.... Read More
Yes, the courts could still hold you liable for any joint debts which he does not pay, regardless of the fact that they were assigned to him in the... Read More

Can the courts still hold me liable if in my divorce decree I am to be held harmless of the judgments on my credit that my husband is responsible for?

Answered 11 years and 11 months ago by attorney Daniel A. Edelman   |   6 Answers   |  Legal Topics: Bankruptcy
Yes. A divorce decree or separation agreement deals with the liability of spouses between themselves. If a creditor extended credit to both of you, it can hold both of you liable regardless of such agreements/ decrees.
Yes. A divorce decree or separation agreement deals with the liability of spouses between themselves. If a creditor extended credit to both of you,... Read More

Can the courts still hold me liable if in my divorce decree I am to be held harmless of the judgments on my credit that my husband is responsible for?

Answered 11 years and 11 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
The court can't hold you liable, but the companies that you owe money to can. If they were to collect from you, you would then go after your husband for what you paid. The only good thing is that he cannot discharge his obligation to you in bankruptcy.
The court can't hold you liable, but the companies that you owe money to can. If they were to collect from you, you would then go after your husband... Read More

Are they within their rights to serve me after I surrendered my house with a first and second mortgage?

Answered 11 years and 11 months ago by Phong Thanh Tran, Esq. (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
If the mortgage was reaffirmed by you during bankruptcy proceedings, you remain personally liable on the debt and the mortgage company can foreclose on the house if payments are now past due. Even if the debt was discharged by the court and you are no longer personally liable, the mortgage company usually has a lien filed on the house with the county clerk/recorder and can foreclose on it unless the court had ordered the removal of the lien.... Read More
If the mortgage was reaffirmed by you during bankruptcy proceedings, you remain personally liable on the debt and the mortgage company can foreclose... Read More

Do I still have to pay for the medical bills that my wife included on her chapter 7?

Answered 12 years ago by Mr Paul Norwood Jonas Ross (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
Idaho is a community property state, all debts incurred by the community are included in your wife's bankruptcy and she was discharged from responsibility on those debts. However, a Chapter 7 only protects your wife and the assets that were part of the bankruptcy the day she filed. Your new income is not protected as you did not receive a discharge and while it goes to the community, it is also fully usable by you, and as such can be garnished because you did not obtain a discharge. No discharge violation exists as against you. You are still on the hook for the debts.... Read More
Idaho is a community property state, all debts incurred by the community are included in your wife's bankruptcy and she was discharged from... Read More

Am I allowed to take credit or deductions for these yearly fees paid to the attorney and trustee?

Answered 12 years ago by Dorothy G. Bunce (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
The IRS only allows a tax deduction for legal fees connected with providing representation concerning tax matters. I am afraid that this bankruptcy will not qualify as a deduction for this type of service.
The IRS only allows a tax deduction for legal fees connected with providing representation concerning tax matters. I am afraid that this bankruptcy... Read More

Could we sell the house for $170,000, settle with the 2nd mortgage company for $10,000, and use the rest as a down payment on a new home?

Answered 12 years ago by attorney Marjorie A. Guymon   |   5 Answers   |  Legal Topics: Bankruptcy
What you are referring to is a short sale. Of course, if you could get the 2nd to agree to let you keep some of the sales proceeds you could do whatever you want with it. The likelihood that they will do so is slim.
What you are referring to is a short sale. Of course, if you could get the 2nd to agree to let you keep some of the sales proceeds you could do... Read More

If I filed for bankruptcy chapter 7, is dependent child's medical account included in debt discharge?

Answered 12 years ago by Dorothy G. Bunce (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Parents are solely responsible for paying their children's medical debts. Children are not responsible for paying their own medical debts, so as long as the medical provider was listed, it would be unnecessary to list the child as a creditor as well.
Parents are solely responsible for paying their children's medical debts. Children are not responsible for paying their own medical debts, so as... Read More

What is going to be the effect of a bankruptcy filed by a spouse if they have a joint income tax return?

Answered 12 years ago by William Rhymer (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Although I do not handle tax filings for clients, unless your spouse owes back child support, student loans or back taxes, it should not make a difference. If he owes any of these then you should file married filing separate as the refund should be yours. If you get too much refund if you file together, you may have to prove the refund was a result of the taxes you individually paid. (Too much is defined by the allowable exemptions he has.)... Read More
Although I do not handle tax filings for clients, unless your spouse owes back child support, student loans or back taxes, it should not make a ... Read More

Can I get my car added to my filed bankruptcy?

Answered 12 years ago by attorney Marlin E. Branstetter   |   11 Answers   |  Legal Topics: Bankruptcy
If you did not sign a reaffirmation agreement you should be able to return the car to the lender and not be responsible for any deficiency owing on the loan.
If you did not sign a reaffirmation agreement you should be able to return the car to the lender and not be responsible for any deficiency owing on... Read More

What can you do if you have a disagreement with the bankruptcy trustee?

Answered 12 years ago by Mr. Daniel J. Winter (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
The exemptions you are referring to don't apply to the means test. They apply to what property you are allowed to keep. The means test refers to income that is used to calculate your 6 month average to see whether you qualify for Chapter 7, or, if not, how much you have to pay your creditors. Get an experienced bankruptcy attorney now, it will save you lots of time and money in the long run. Then you should know whether the trustee and judge are right or need to contest the issue.... Read More
The exemptions you are referring to don't apply to the means test. They apply to what property you are allowed to keep. The means test refers to... Read More

What am I suppose to do to my veterans benefits on bankruptcy case?

Answered 12 years and a month ago by Dorothy G. Bunce (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Unless you meet the narrow requirement as a disabled veteran whose debts were made while on active duty, you should include your VA disability. Frankly, I wouldn't sweat this requirement and I would always include the VA disability benefits so you are not subjected to a full audit over when your debts were made. Most of the time, I can get my clients through the Means Test. Experience does help.... Read More
Unless you meet the narrow requirement as a disabled veteran whose debts were made while on active duty, you should include your VA disability.... Read More
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