Question about Spouses income.

[Winger19]

I am hoping to be able to file for Ch7.

Will I have to include my wifes income? I am in Michigan and am filing separately. Both mortgages are in my name. My vehicle is in my name as is all the delinquent debt and a judgment.

My wife has her own checking account. Her vehicle is in her name only and she has multiple bills in her name only.

I would have a hard time passing the means test if I had to count all of her income. I was told it was possible to not count it but am wondering if someone out there knows how this works.


I've contacted 3 Atty's today and am waiting callbacks from two. The first one said that I would most likely have to count her income.

[SinkingFast]

Yeah, you do count it to start with, on the paperwork, but then later, your wife's income gets deducted out.

http://www.usdoj.gov/ust/

On the Means Test, Line 17 of B22A and Line 13 of B22C, the non-filing spouse's income is deducted out.

How they make adjustments for some types of expenses on Schedule J, I don't know. Schedule J is where you list out how much you pay for mortgage or rent, utilities bills, food, clothes, etc.

How they make adjustments for Household items as assets, I don't know. That will come into play on your personal property exemption. Is the sofa yours and the loveseat hers?? Who claims the Lazy-Boy?? That kind of stuff. An attny will know for sure how that's handled.

Your debts in your name only are your debts. Property, such as your vehicle, in your name only is yours. Bank accts in your name only is yours.

[Winger19]

Thank you SinkingFast. I wanted to start a new thread.

Line 17 was the part I was having trouble with. I've been trying to figure out what determines how much can be taken out.

I've now talked to 4 Atty's today and they don't seem to know the answer to this. I realize that this means test is new for everybody but jeez, I thought that a BK Atty would have an answer. Although I do live in a small area.

I'll keep looking for an answer.
thanks

[SinkingFast]

They should know how to handle this part.

There have been tons of educational seminars devoted to the New Law and how to file the petitions.

Our attny, and his paralegals, have attended several week long and 2-3 day events of continuing education about the New Law.

There was one week long conference back in Feb or Mar in Vegas that lots of Judges, Trustees, and attnys went to. All about the New Law, how to handle the Means Test, etc.

If attnys in your area aren't attending these events and learning, they're doing a huge disservice to their client base.

[Winger19]

They should know how to handle this part.

There have been tons of educational seminars devoted to the New Law and how to file the petitions.

Our attny, and his paralegals, have attended several week long and 2-3 day events of continuing education about the New Law.

There was one week long conference back in Feb or Mar in Vegas that lots of Judges, Trustees, and attnys went to. All about the New Law, how to handle the Means Test, etc.

If attnys in your area aren't attending these events and learning, they're doing a huge disservice to their client base.

I agree. Without the proper, up to date knowledge they may be turning away people that they could help.

I'm now branching out a bit in my search.