Payment Plan to trustee

[renefaye]

I will still owe a small amount after handing over my share of a married filing jointly tax refund. I am filing b/k chap 7 alone, as these are OLD bills and judgments prior to my marriage to current husband. What kind of payment plan does the trustee set up and how often? Since filing b/k, I have lost my job. My husband works and will have to set up some type of payment plan using his income. ugh. Also, is it true that if there was $ in our bank accounts when we filed trustee will only be able to snag onto half of the $'s since everything is joint with husband? Thanks for all your help!!

[mjengineer]

From what I understand it's all about your exemptions, whatever you can protect up to $1000. Anything over that and part of that money is fair game, you will have to document what is your husbands money and what is yours if you are trying to protect some of it. A guy was filing alone but he was married, and the trustee said who does the furniture belong too. He said it was mix, so the trustee said if I send an appraiser to your house can you point out the furniture that is yours vs. hers. So that leads me to believe you would somehow have to show what part of the money is yours and what part is his, I don't think they assume 50% because you both have different incomes. The payment plans are determined per trustee. Each one has their own preference, I was hoping for one that would let me do a six month plan, but mine only allows three months.