QUESTION
Must my income be used and limited in my boyfriend’s bankruptcy?
Asked on Nov 20th, 2012 on Bankruptcy - South Carolina
More details to this question:
My boyfriend is filing chapter 13 for debt incurred while married to his ex. I have lived with him and have children of my own to support without receiving child support to assist. My boyfriend’s attorney wants to include my income and has told me it would be tracked and I should limit overtime. I need the overtime to buy what my children need. Is there any way to NOT have my income and bank account a part of his bankruptcy? I feel like I am being punished! I do help with household bills. I pay my part of them. The attorney said he gets extra expense allowances because we live with him ... but it doesn't seem fair. He doesn't buy clothes etc. for my children. I do.
9 ANSWERS
Bankruptcy Attorney serving Livonia, MI
at
Charles J. Schneider, P.C.
Update Your Profile
I suggest he follow his attorney's advice.
Answered on Apr 30th, 2013 at 3:07 AM
Daniel James Wilson
This is a complicated question. I will try to simplify it a little. When a debtor files bankruptcy, whether Chapter 7 or Chapter 13, the debtor must show his household income. In Chapter 7 this is called the Means Test. If the household income is below the median income of a family of that size, the debtor can file under Chapter 7. If the household income is above the median income the debtor must file under Chapter 13. Its more complicated than that, but that is the basic idea. The statute seems to be written with a traditional family structure in mind and sometimes does not work as well for other situations, such as yours, of unmarried cohabitants. Your attorney is REQUIRED by the statute to include your contribution to household expenses. Your boyfriend's attorney is correct that larger household size means more deductions.
Answered on Nov 26th, 2012 at 5:34 AM
Bankruptcy Attorney serving Seattle, WA
at
The Law Office of Marc S. Stern
Update Your Profile
I am sure your boyfriend would like this information. I am sure that his attorney wants to include it. There is nothing, however, that requires you to provide it. You are not a party to the bankruptcy. You have no obligation that is being paid in the bankruptcy. You have your own obligations. Just tell them no. They are entitled to the amount that you contribute to household expenses. That is that. I have regularly written such letters telling debtor's counsel that my client does not have an economic union with the other person and we decline to provide that information.
Answered on Nov 21st, 2012 at 9:24 AM
Your boyfriends attorney is advising you about what is best for his client and the smooth progress of the bankruptcy. When you file bankruptcy, one of the things you must do is report household income for the last 6 months. If you refuse to turn over the information about your account or income it could cause problems for him. The extra "expense allowances" are based on him using that money to support the family, not just for him. I think you need to talk to the attorney again so that you have a clear understanding of the process and what he is advising.
Answered on Nov 21st, 2012 at 9:24 AM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
My opinion is completely different than his attorney. Your income is not his income, it might reduce the bills he has to pay monthly, but something is not quite right here, and you should probably seek the advise of an experienced chapter 13 attorney.
Answered on Nov 21st, 2012 at 9:23 AM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
There are ways to limit and handle this, but you need a very good bankruptcy attorney to handle this. If in NJ, call.
Answered on Nov 21st, 2012 at 9:22 AM
You are not required to participate in your boyfriend's bankruptcy, but I suspect that for him to qualify for bankruptcy, he needs you and your children to be his dependents in order to keep his bankruptcy plan payments as low as possible. The decision of whether to help him out for the next several months is yours and yours alone.
Answered on Nov 21st, 2012 at 9:22 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You are not responsible for his debts unless they are joint. You income should not be relevant to his bankruptcy. Get a second legal opinion.
Answered on Nov 21st, 2012 at 9:21 AM
Bankruptcy Attorney serving Myrtle Beach, SC
at
Law Office of Margaret L. Evans, PC
Update Your Profile
I'm not sure exactly why you're being told this because you both are not married. I only include another person's income if they are married (there are a few other exceptions, but not too many) I'd also start seeking child support from the father of the children so you can adequately support them. Suggest that the boyfriend's lawyer only include the boyfriend's income and eliminate the extra allowances so that you are free to seek as much overtime as you can.
Answered on Nov 21st, 2012 at 9:20 AM