Will my spouses income be a factor in my chap 7 filing?

[sunar27]

What is the name of your state? Virginia

I live in Virginia and i'm considering filing for chap. 7 very soon. I was just trying to call a few lawyers but nobody's answering. Anyway, I just thought of the fact that because i'm married, they may want my wife's income information. I'm just filing for myself and my debts in my name and i'd hate to have her income ruin my chances. She doens't make much money either but I'm not sure how trustees look at a spouse's income as a deciding factor for a 7 or a 13.

Just to clarify, I make about 1080 bucks a month after taxes. My wife makes about 1200. After I pay my bills without even making credit card payments or school loan payments, I'm in the hole about 100 bucks. My wife is a little better off since she has no credit debt or school loans but she doesn't have a whole lot left over either.

 

[bigun]

A trustee may want some income information to see if it's possible she may be able to pay more of the monthly bills.
But, given the combined low incomes, I doubt this will happen.
STop trying to get phone consultations. You need a sitdown appointment.

 

[sunar27]

A trustee may want some income information to see if it's possible she may be able to pay more of the monthly bills.
But, given the combined low incomes, I doubt this will happen.
STop trying to get phone consultations. You need a sitdown appointment.

Oh i'm getting a face to face appt, i meant i was just phoning them to try and set one up. Can the trustee force her to stop adding to her 401k? I really don't want her to have to pay for my mistakes.

 

[bigun]

No, her 401k contributions won't be affected.

 

[sadsam]

spousal income

Virginia

Others with more legal knowledge than I should be able to help you. But as I am from VA also in similar circumstances, I thought you might like to know my experience. I filed by myself without spouse as we had kept everything seperate before and during marriage. Because my spouse had own income and assets, but liabilities to offset the income, spousal income did not play a factor in my bankruptcy. However, in my 341 meeting I was questioned about the circumstances. I went to the meeting prepared to answer questions about my financial situation and medical condition and instead the Trustee wanted to know why spouse was not filing also. I was asked numerous questions about spousal assets including real estate and personal property. My lawyer had to jump in several times during the meeting and I was extremely glad to have the lawyer by my side during this ordeal.

 

[maurand]

Spouse's income

I, too, filed individually as my spouse and I kept our finances separate. At the 341 the Trustee questioned me about her income. Once I told him that she had her own set of bills including several credit cards he left it at "we'll see what the US Trustee wants to do with this...". I think he was thinking of turning my no asset case into a minimal asset case. Guess what? NOTHING ever came of it and my discharge came through as a no asset case. Why these Trustees play these games is beyond me. I think they have WAY too much power over the people!!

 

[sunar27]

Virginia

Others with more legal knowledge than I should be able to help you. But as I am from VA also in similar circumstances, I thought you might like to know my experience. I filed by myself without spouse as we had kept everything seperate before and during marriage. Because my spouse had own income and assets, but liabilities to offset the income, spousal income did not play a factor in my bankruptcy. However, in my 341 meeting I was questioned about the circumstances. I went to the meeting prepared to answer questions about my financial situation and medical condition and instead the Trustee wanted to know why spouse was not filing also. I was asked numerous questions about spousal assets including real estate and personal property. My lawyer had to jump in several times during the meeting and I was extremely glad to have the lawyer by my side during this ordeal.

Thanks for the story. My wife and I have no assets... no stocks, no property, no equity in our cars, no van gohs, etc. She actually just paid off her credit card but she has a car payment, rent, bills, etc.... we share all our household bills. She does not contribute to any of my personal debt. I'm talking to a lawyer this week about this, i hope i wont have any problems either.