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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17240
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Question... me and my husband are separating this month. Does

Resolved Question:

Question... me and my husband are separating this month. Does his income and expense come into the equation when filing Chapter 13?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 5 years ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification.




WALLSTREETESQ :

If you are the only person filing the bankruptcy, and you are no longer living with your spouse, or he is not paying for any of your expenses, then you do not have to list his income, if you will be getting a divorce or a legal separation, it may be best to wait for the official paper work, so their is no issue with the trustee.


 

WALLSTREETESQ :

If you are no longer living together, then it would be proper only to list your expenses, and income.


 

Expert:  WALLSTREETESQ replied 5 years ago.

If you are the only person filing the bankruptcy, and you are no longer living with your spouse, or he is not paying for any of your expenses, then you do not have to list his income, if you will be getting a divorce or a legal separation, it may be best to wait for the official paper work, so their is no issue with the trustee.

2:06 PM

If you are no longer living together, then it would be proper only to list your expenses, and income.

Customer: replied 5 years ago.
We are in the process of separating. He cannot afford to pay me anything toward the expenses and is moving into his own place.
Expert:  WALLSTREETESQ replied 5 years ago.

Once he moves out, you could file and only list your expenses and income even if you are still married, if you were living together then it could be an issue, as his income and expenses could be considered, as part of a "household".

Customer: replied 5 years ago.
I have the form almost completed and it is giving me a choice only of married or unmarried. That is confusing!
Expert:  WALLSTREETESQ replied 5 years ago.

You can put married, since you are not legally divorced.

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