One Spouse Filing

[chloe0724]

Ok, so I am the only one filing for 13 because the unsecured credit is in my name only and we are current on our home. My husband has been having health issues over the past few years (partly why all the debt). So my question is this. I just opened the mail and my husband got a check for 3k from Aflack for a claim we filed for his surgeries months ago. Normaly we would be over the moon, but with the bankruptcy thing now decided on, we are scared.

I want to know about the checking accounts when it comes to a 13. I know that both our incomes are combined for the payment plan amount, but do I have to provide stattements for accounts that are only in my husbands name? I would love to be able to save this money in case of an emergency.

Thanks!!

[lrprn]

If you are the only one filing and your husband received the check to pay for his injury, then it has nothing to do with you. It may count into his income when your Means Test is calculated (check with your lawyer to see if it does), but then will be taken right back out later on in the Test because it's not used for supporting the household - it's for his injuries.

Consider opening a new savings separate savings account in his name only to deposit this money. That way there's no danger the money could be considered yours so you have cover this cash with your exemptions when you file.

As always, check with your lawyer to make sure this is ok to do in your local court and in your unique situation.