Can you be required to pay MORE than what you owe?

[wonkettegirl]

Another thread got me confused. It appeared that given the plan a poster's attorney proposed, she would end up paying about 180% of her unsecured debts (I am assuming that he secured debts were being paid outside the plan). Is this possible?

Also, spinoff of that same thread: if a couple is unmarried but living together, is the other person's income counted? I am about to move in with my boyfriend, and if we counted my income, it would look as if there was a huge disposable income. But there's NOT. We DON"T share a bank account, we keep separate books, and I am trying to save for my children's education. I am fresh out of a chapter 7 and I do NOT want responsibility for HIS debts. Any advice? Don't move in?

[HHM]

No, you cannot pay back more than you owe.

[wonkettegirl]

Thanks, HHM. So what happens if the schedules show that a person's DMI, if paid over 60 months, would exceed the debt owed? My own example: my boyfriend has about 55k in unsecured bills (holy crap). 55k divided by 60 = $917. I haven't run any numbers yet, but it is possible that his DMI would be about $1200 a month or more. So would a trustee just accept a $917 a month payment (plus, I guess, attorneys fees and trustee fees) payment plan, or dismiss the bankruptcy because the person's DMI exceeds the person's debt? Or something else?

And do you have any insight on the living together question?

[HHM]

You would be in the plan for a shorter period of time.