Bankruptcy and significant other

[down @ out]

Not sure any other way of starting this off than to say I am single, and have been living with a significant other for over a year. When we got together it was our understanding that I would pay the rent and we would each pay our bills. One reason for this was my job situation and my credit debts.

Anyway to make a long story short I ended up having to file for bankruptcy. I sat down and realized that my credit card debt was barely servicable as it was and with the new bankruptcy laws and credit cards doubling their minimum payments I was sunk considering my income.

My question is that since we live together will the trustee raise hell about me paying the rent. I have cancelled checks showing I alone have been paying the rent. Having said that the lease agreement for the apartment is in both of our names. The apartment complex would not rent to me without her co-signing.

I don`t know if this is a mess or not. I can show I am single and have copies of all my checks showing I did pay the rent. I guess the trustee could say how can I prove she did not give me money to pay the rent. All I can really do is say she didn`t.

Please help.

Thanks,

[Genenco]

I believe the trustee also asks for bank records and you can explain all deposits and withdrawls. Uusally 2-4 months I believe, but take a years worth to show all and honesty.

[skincomplicity]

Down, I am in a similar situation. I live with my bf and both our names are on the lease , but he writes the check . For the past few months I have been unable to pay my share , and work has been realllllllllllllll slow. I'm paid commission. Bf is no longer paying my share of rent , partly why I had to file. I could no longer manage my cc bills with interest rates and payment minimums increasing and afford living expense. I'm not sure how this will effect BK turnout , but my 341 is on Monday . Guess I will be finding out.
And sharing the experience with all of you. All I can say is I decided not to freak out about it , things are going to happen how ever they happen with this BK.You can only explain your situation and show proof if asked by trustee. If I have to , I am going to have my bf sign something stating the amounts I give him for rent and utilities.

[FoolAndHisMoney]

It actually surprises me that this "partner thing" wasn't written into the code since so many people are doing it. BTW Nothing wrong with it. Generally they look at total house hold income for the debtor and spouse, but it doesn't say anything about a partner. Personnaly I feel they should not count a partner since under IRS laws you must be married to combine your tax status. If you get legally separated you must swear under oath that you aren't living together.

You rais an interesting question though. Please keep us posted if you hear anything since you're not alone on this subject.

Good luck!

[bezoar]

My GF & I own our home together. We both filed separately - can't file together unless married. Because she still had her good job, we put the entire mortgage pmt on her petition, and then split the other living expenses. Because you're not married, you really can't consider her income as part of the equation (or her expenses). She is in effect a codebtor if she signed the lease, but you are each separately responsible for the whole amount.

Don't think you'll have any problems. We have not. If (and only if) there's a question, just 'splain your situation.

[FoolAndHisMoney]

My GF & I own our home together. We both filed separately - can't file together unless married. Because she still had her good job, we put the entire mortgage pmt on her petition, and then split the other living expenses. Because you're not married, you really can't consider her income as part of the equation (or her expenses). She is in effect a codebtor if she signed the lease, but you are each separately responsible for the whole amount.

Don't think you'll have any problems. We have not. If (and only if) there's a question, just 'splain your situation.

bezoar: THANK YOU!!!

[down @ out]

bankruptcy and significant other

Thanks for all of the help. Do you think there is a chance the trustee will try to drag her into this or the fact that I have always paid the rent and have copies of the checks will end that.

I don`t want her to have to go into a public place and have to testify. This is tough enough as it is.

thanks

[bezoar]

No - you have your documentation, if its needed. It's highly unlikely that the trustee would want to put that much time & effort into trying to get the 'whole story' from you. If you had a lot of assets (or appeared to), they might make more of an effort, but you probably don't, and the trustee just gets $60 to handle your case. Many trustees are lawyers, and $60 doesn't translate to much of their time, generally speaking. Evidently, some trustees are more thorough (from what I've read here and elsewhere), but most are simply looking for "easy pickin's" (cash, tax refunds, non-exempt valuable property...)

I was not req'd to appear at my GF's 341 - she didn't even go with me to mine (about 2 wks apart). No questions at all.

[FoolAndHisMoney]

Thanks for all of the help. Do you think there is a chance the trustee will try to drag her into this or the fact that I have always paid the rent and have copies of the checks will end that.

I don`t want her to have to go into a public place and have to testify. This is tough enough as it is.

thanks

No they have no grounds to involve your GF. Bankruptcy is between the debtor and creditors, trustee, court, etc. The only time a 3rd party would be involved is if you illegally transferred assets to them then the trustee would sue them to get it back. Other then that you aren't legally connected in anyway as far as income or expenses.