Spouse not filing

[chloe0724]

ok, so I know that eventhough it's only me that's filing, I still have to include my husband's income for the payment plan. I need to know if a check he got as a claim we filed for his medical insurance that we received for 3k will be considered income. We have used 500 of it to pay for living expenses. The rest is in his savings account (my name's not on it). Do you think we will be able to keep it for savings since we are filing a 13? Are their exemptions for a 13?

[chloe0724]

does anyone have any advice?

[lrprn]

The reason you haven't gotten replies yet is because this situation is not a easy one to answer. If the reimbursement was solely to reimburse for your husband's medical care, then it's not related to you and you don't have to include it. However, if the reimbursement included medical costs for you as well, then it gets murkier.

Most districts don't count insurance reimbursements that come to the filer directly as income because it's to reimburse for money already spent to pay the original bills. However, as in all things bankruptcy, there have been exceptions when a trustee has declared the insurance reimbursement money income

Have you retained your Ch 13 lawyer yet? If you have, then he/she is the best source of what to expect in this situation because of familiarity with the local trustee's customs and habits.

If you haven't and are interviewing lawyers, be sure to put this question on your list to ask during the interviews.

Good luck - hope everything gets sorted out soon.

[chloe0724]

thanks,

it was for only him. It's an Aflack policy that helps you out when you are out of work due to hospitilazation. He pays for it from his paycheck.