Whose assets to include in a bk filing?
I posted a similar question to the following a while ago, but really didnot get a clear answer. Here it is:
I am from NY and not married to the father of my 3 children. We have been together for 15 years. NYS doesn't recognize common-law relationships/marriages. He was already established at our current place of residence. He's lived there since he was 3 and took the apt over from his mother when she moved out 23 years ago. When I moved in he already had stuff in the apt. Those are clearly his. I moved in bringing in my own stuff and I have bought things over the years - these are clearly mine. He too has brought stuff over the years which I have no claim to declare mine or want too. I am only concerned with the things that I purchased for myself and the kids over the years which may have some value to exempt. I only want to claim things on my bk filing that is mine or the kids and not his. If we were to split today - I should only be able to walk away with the things that I know that I own.
I should not have to claim his stuff even though its in the HH because I don't want to increase the value of my HH goods and risk not being protected by the state exemptions allowed. I also don't feel that I should list his things because I don't think that the trustee in a bad case scenario has a claim to take something to satisfy a debt that doesn't belong to me (i.e. there are 3 TV's in the house 2 are my SO's and 1 is mine which my TV would be covered under the exemption) It wouldn't be fair to punish him and having his things removed because I decided to file BK. I am also the only one working in the home and responsible for supporting 5 people not that this should matter.
Any ideas?
When you file Bk aren't you responsible for listing the things that belong to the debtor (which is me)?
When people are married, but are not filing together or one partner is filing, the spouse who's filing usu only lists their assets - right? After all they only list their debts not the ones of the non-filing spouse.
Thanks,
sbb
I am from NY and not married to the father of my 3 children. We have been together for 15 years. NYS doesn't recognize common-law relationships/marriages. He was already established at our current place of residence. He's lived there since he was 3 and took the apt over from his mother when she moved out 23 years ago. When I moved in he already had stuff in the apt. Those are clearly his. I moved in bringing in my own stuff and I have bought things over the years - these are clearly mine. He too has brought stuff over the years which I have no claim to declare mine or want too. I am only concerned with the things that I purchased for myself and the kids over the years which may have some value to exempt. I only want to claim things on my bk filing that is mine or the kids and not his. If we were to split today - I should only be able to walk away with the things that I know that I own.
I should not have to claim his stuff even though its in the HH because I don't want to increase the value of my HH goods and risk not being protected by the state exemptions allowed. I also don't feel that I should list his things because I don't think that the trustee in a bad case scenario has a claim to take something to satisfy a debt that doesn't belong to me (i.e. there are 3 TV's in the house 2 are my SO's and 1 is mine which my TV would be covered under the exemption) It wouldn't be fair to punish him and having his things removed because I decided to file BK. I am also the only one working in the home and responsible for supporting 5 people not that this should matter.
Any ideas?
When you file Bk aren't you responsible for listing the things that belong to the debtor (which is me)?
When people are married, but are not filing together or one partner is filing, the spouse who's filing usu only lists their assets - right? After all they only list their debts not the ones of the non-filing spouse.
Thanks,
sbb