forms needed from spouse

[charlotte2]

Hi. Could someone here please tell me what information I will need from my husband to proceed with chapter 13? I want him out of this process as much as possible (he did not accumulate ANY of this debt and is less than pleased that I am pursuing it, but I have looked into all my options and spoken with an attorney and it looks like 13 is the only way to go), so I'd rather just get all this stuff in one fell swoop and then not involve him.

Thanks--

Charlotte

[SwimminUpStream]

I do not know if this is correct, but I looked into the same thing..as most of the debt is mine and I was told by my attorney that since we are married they still take his income into account, as well as any debts that you are jointly on will revert to the husband.

[woeisme]

You will need to know all of his assets, bank account #'s and amount in them, life insurance policies, vehicles and their value, etc. You will also need a copy of his past 6 months worth of bank statements and pay stubs and all sources of income info. A list of all of his debts, what he is paying on them, etc. The past 2-3 years worth of income tax returns. That being said, then individual districts, trustees, lawyers might not require everything, some require more. So it's best to talk to your lawyer to get a real definitive list.

I can understand not wanting to keep asking your husband for information if he's not approving of your decision to file, but you also need to understand that CH 13 isn't really something you can go it alone on, even if you file by yourself. They take into account the entire financial situation of both you and your husband to determine how much disposable income total is coming into your household. That amount will be used to determine your payback amount, not just your income. So you have to have cooperation from your husband because his income is going to come into play, and if he's not willing to budget and agree that all of the disposable income both of you have coming in goes to the plan, it won't work. So he's not going to be able to be "left out" of the process, you have to budget as a team.

[charlotte2]

Thanks!