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    Questions about only 1 spouse filing

    I am posting after not finding any similar situations by searching.

    I am really glad to have found this forum.I am learning a lot and was tired of reading flames on other forums by people that seem to enjoy trashing BK filers.I only wish I would have found it sooner.
    My wife is filing a 13 by herself on unsecured debt that is in her name only. I am not filing and she isn't including any debt that is joint.Does anyone have any experience with that? She seems to have picked a poor attorney that has dragged this out for several months claiming this is very unusual and takes more time.He asks for paperwork that we have already given him and doesn't seem to be very organized.He has missed deadline dates during the process and don't seem to think he needs to return phone calls from her when she has questions about problems the Trustee has with missing or incorrectly filed paperwork from the attorney.She gets letters from the trustee threatening to dismiss because of those errors. She is about 10 days from the scheduled confirmation hearing if every thing is brought into the trustee's liking.What happens if these things aren't corrected by that date?We are trying to decide if it is too late to fire this lawyer and bring in someone else to check if there are any mistakes that can be corrected so the case doesn't get dismissed or we are asked to pay more than is necessary.
    Sorry to rag on the attorney so much but I am frustrated.
    One of my main questions is : we had to list my income and expenses for the household income and the trustee comes up with $1003 expendable income.The attorney proposes giving 31% to the planned based on my wifes 31% contribution to the household income.The Trustee doesn't like that but doesn't say what he wants.Can he require all of the $1003?
    Can the process to extended to bring in a different attorney this late? Or might it be better to let it dismiss and refile?
    If the plan starts and I get rid of some of my debt Does my wife have to give the trustee any additional expendable income?

    #2
    I filed under the old laws but when I filed, my attorney had to include ALL debts, whether joint or not. I would be finding out about that. Also all expenses have to be included and then I think that they will back out your contribution to the household. That is where her 31 percent is from? She contributes 31 percent to the household. However, you might end up paying the 1003 figure the trustee wants. I would go to your confirmation hearing armed with all paperwork the trustee is asking for plus anything else you have to prove your case. In Michigan now they do "status" conferences and try to work out everything at the confirmation hearing rather than adjuourning. Maybe you can get it done that way. But be prepared. We needed proof of insurances, mortgage notes, expenses proof, household income proof, and how you arrived at that 31 percent figure and how the trustee is coming up with 1003. If I were you, having filed joint and as a single, I would throw it all into the pot. On the joint debts, your credit will be screwed anyway the minute they find out about it and to leave them off her chapter 13 is a big no no. The trustee could dismiss it in a minute if he knew you deliberately didn't list all debts (anything with her name associated or on it HAS to be included)

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