Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.
Your husband does not have to live in his own apartment to file a Bankruptcy separately. To file separately, it is only necessary that both of you are living in separate households. It is okay if your husband is living with his father.
The Bankruptcy court does not require proof of living expenses.
There is a form that gets filled out that lists the Bankruptcy filer's expenses - but the Bankruptcy court does not ask for proof.
Because the Bankruptcy filer must state under oath that all the information - including listed expenses - listed on the Bankruptcy paperwork is correct.
This is sufficient proof for the Bankruptcy court.
You do not have to be divorced before your husband files a Bankruptcy.
What about the life insurance check?
Some life insurance proceeds are protected. I am looking up the statute to see if his life insurance proceeds would be protected.
I found the statute. Your Bankruptcy filer is allowed to keep up to $35,000 of life insurance proceeds, so he would be able to keep the entire amount of his portion of the life insurance check.
Additionally, he would be able to keep any motor vehicle that is worth less than $7500 after deducting the balance of any note.
And he would also be allowed to keep any car that is worth nothing - such as the Ranger.
It is worth a headache. :)
All three vehicles are in his name. I am a stay at home mom. Does that effect anything?
And the Bankruptcy court dies not want any headaches.
It is presumed that the cars are owned by both of you, even though they are in his name only.
The Bankruptcy court would presume each of you owns one of the cars.
And would not care about the one that is only worth a headache.
Ok. Thank you so much. I am trying to make light of a very hard situation. I appreciate it.
You're welcome. And remember that "this too shall pass".
If we were to file this way, would he be able to take off what he pays me every month for child support and alimony even if it was not court ordered?
Awesome! Thanks again!