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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2820
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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If a couple who is not married and one of them is filing for

Customer Question

If a couple who is not married and one of them is filing for BK how would the income and expenses be reported? Would you use the income of the partner not filing for the means test calculation? When reporting just the one income schedule I and J are severely out of balance. For example there is a vehicle in the debtors name with a loan as well as a mortgage on the home and the one income doesn't not cover these expenses.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 5 years ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

ON the schedules, the debtor must list down all household income and expenses, from whatever source for whomever lives there.

Terry L. :

schedule I has a list for spouses income. on schedule J, you can add an attachment for the non-filing spouses personal expenses they have each month as well.

Terry L. :

This is also listed on the means test too. There is a marital deduction that can be selected on the means test if there is a non-filing spouse.

Terry L. :

sorry, I mentioned -non-filing spouse. you would indicate it as contribution to household income then.

Terry L. :

you would list the amounts contributed to the household expenses only (so the personal expenses are already accounted for, so wouldn't need to be listed.)

Terry L. :

I misread, sorry for the confusion.

Terry L. :

Same result though.

Terry L. :

This would go for the means test, and the I/J schedules.

Terry L. :

let me know if you have any questions. thanks

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