How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2900
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
15345323
Type Your Bankruptcy Law Question Here...
Terry L. is online now
A new question is answered every 9 seconds

My husband is filing bankruptcy , not I. Is he permitted to

This answer was rated:

My husband is filing bankruptcy , not I. Is he permitted to add some of my bills to it?
Hi and thank you for your question.
If he is doing an individual case, he must list all debts that he is liable for on the schedules. If a debt is solely in your name, he cannot list it in his case. If he cosigned for you, then he would list it down, and the debt would be discharged for him, but you would still owe it if you are not filing bankruptcy jointly with him. Thanks for your question, and good luck.
Terry L. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 7 years ago.
Thank you. I have many important questions. We hope you can help us figure out what to do. This is my next question:

My husbands attorney put the child support I receive for my daughter as income he receives each month. We told her I give him my dissability check. I do not give him the child support check.We took all the receipts in to her office last night. The receipts proved all the money was spent on her each month. Because she added that into his case as income he receives from me each month, our bankrupcy payment would be $800.00 a month. Their is NO WAY we can offord that.

I understand that it is income coming into the household but it is not given to him to pay any of his debts. The paragraph asked him if he receives and money from anyone else to oay for his debts. THe answer is NO. She didn't even want me to see that on the papers. She did not allow either of us to look at any numbers. Not only that, she told me I didn't need to sit where I can see the papers as she was fipping them so very fast. Neith of us couldmake out any numbers. that paragraph is the only paragraph that I could even see. I believe that was GoD.
Please tell me whether that should have been added into his income?
Thank you for your follow up.
The court calculates a case based on monthly disposable income, and reviews all household income, regardless of the source, and it's intended or actual use. The only exception is income derived under the social security act, that is not counted towards disposable monthly income. You have your choice in attorneys. If you do not get satisfactory answers, you have the right to hire one who does. He should not sign the petition until he has read it entirely, and understands it. Thanks. Good luck.
Terry L. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 7 years ago.
Are you saying that must be listed as income he is receiving and they will use that to decide what the payment will be each month?
Correct. All income is factored into the equation to determine what is the minimum required payback in a chapter 13.
Terry L. and other Bankruptcy Law Specialists are ready to help you