Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).