NonFiling Spouse can debt be included and discharged

[arami008]

I just found a post by another user http://www.bkforum.com/showthread.ph...husband+income

[arami008]

Filling out forms....help please

I am stuck on the employment question....if anyone out there can advice me on what to do....or how you did it if your spouse is not filing but has income how do you include the stubs or where? Thanks.

[lrprn]

The questions you are asking are complex and some of them depend on your local court's customs, CA bk district case law decisions, and the CA community property laws in dealing with your issues in a community property state. That's likely why you aren't getting responses so far. There may not be many members (if any) here who filed without their spouse and without a lawyer in California.

As you have discovered, filing pro se without your husband in a community property state is challenging. Even filing Ch 7 which you would think would be fairly straightforward often isn't when you have to deal with circumstances like yours.

I'm assuming that you are filing pro se because you think you can't afford to hire a lawyer. Have you already stopped paying your unsecured debts and also stopped making payments on any secured assets you intend to surrender once you file?

It worries me that if you are having trouble coming up with extra money to pay a bk lawyer over time after stopping some of your payments, then bk may not help you very much.

[arami008]

You are right...it is far more complex than I thought. I will keep searching because right now the only option available to me is to file pro se.

Thanks for your response. Everyone here is so helpful.