QUESTION
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?
Asked on Jun 11th, 2014 on Bankruptcy - Idaho
12 ANSWERS
2 Awards
They want the full household income and expenses, but not the debts that will be discharged.
Answered on Jun 13th, 2014 at 7:05 PM
2 Awards
Yes. You are required to include all income and all expenses of the community. Remember you must also include all community assets.
Answered on Jun 13th, 2014 at 7:05 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
at
Orantes Law Firm
Update Your Profile
Yes. In fact, in states that follow community property laws like California, you are required to include both spouses' income and expenses.
Answered on Jun 13th, 2014 at 7:05 PM
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.
Answered on Jun 13th, 2014 at 7:05 PM
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.
Answered on Jun 13th, 2014 at 7:05 PM
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.
Answered on Jun 13th, 2014 at 7:05 PM
General Practice Attorney serving Coeur d'Alene, ID
at
Michael B. McFarland, PA
Update Your Profile
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.
Answered on Jun 13th, 2014 at 7:05 PM
Bankruptcy Attorney serving Grand Rapids, MI
at
David Andersen & Associates, PC
Update Your Profile
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.
Answered on Jun 13th, 2014 at 7:05 PM
William Rhymer
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.
Answered on Jun 13th, 2014 at 7:05 PM
bankruptcy Attorney serving Paul, ID
at
Paul N. J. Ross Law, PLLC
Update Your Profile
Idaho is a Community Property State. All debts incurred by you and your spouse while married should be included in the bankruptcy schedules. Further, income is based on a household unit, which means your husband's income must be included on your bankruptcy schedules whether he is filing bankruptcy or not.
Answered on Jun 13th, 2014 at 7:04 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
at
Ronald K. Nims
Update Your Profile
The total household income and expenses are included to determine if you qualify for Chapter 7 or if you're forced to file under Chapter 13. You can't include your nonfiling husband's debts on your schedules because he isn't filing bankruptcy and can't have his debts discharged in your bankruptcy, you can include any joint debts but only your liability will be discharged.
Answered on Jun 13th, 2014 at 7:04 PM
Bankruptcy Chapter 7 Attorney serving Los Angeles, CA
at
The Law Offices of Peter M. Lively
Update Your Profile
Yes. California is a community property state so you are correct in listing both spouses incomes on Schedule I. Your Schedule "J" expenses should reflect household expenses as well as the non-filing spouses' separate debt payments, if any.
Answered on Jun 13th, 2014 at 7:04 PM