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Bankruptcy and stay at home parent?

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    Question Bankruptcy and stay at home parent?

    I was just wondering for those of you with a stay at home spouse, how it affected the bankruptcy? I wondered if anyone received a hard time from the trustee because a spouse being a stay at home parent, versus working and paying the large amount for day care? Do they look at it as a refusal to work and pay your debts because only one spouse is working?

    #2
    It's no issue. Nothing in the bk code requires anyone to work.

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      #3
      Nope, didn't come up at all, I am a SAHM with 3 kids...

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        #4
        Our trustee asked us at our 341 if my DH was planning on returning to work anytime soon. We told him not immediately as we have 3 kids. He seemed fine with that answer and nothing else came of it
        Filed Ch 7 - 07/10/08
        341 Meeting - 08/13/08
        DISCHARGED! - 10/15/08
        CLOSED - 10/20/08

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          #5
          We aren't that far in, but our lawyer hasn't even asked if I was going to get a job. Having a SN child might make that a bit easier to say no, but seriously, as expensive as child care is, it is almost cheaper to not work!

          ETA we have 4 kids, 19 months-11 years.

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            #6
            When I had my 341, the trustee asked a few people why they weren't working.

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              #7
              I have wondered if I will be sent back to work as a result of filing bankruptcy. I had a small business that failed, and I am filing bankruptcy individually. My husband can support us without me bringing in any income, but obviously he couldn't do this if he was trying to pay my business debts.

              I am hoping not to go back to work right away because our special needs son is in middle school this year, and it is proving very challenging for him. Also, I have experienced a worsening of some medical problems lately.

              I have also wondered if my schedule J, which includes my husband's income, shows that we have any disposable income, can he be made to pay the payments on a 13? I don't think we will have that much left over (we have yet to do that schedule completely), but if we did, can he be made to pay for a 13? Again, I am filing separately and the debt was in my name only.

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                #8
                How are they going to "send" you back to work? Are they going to give you a job?

                I have not worked for a year and the trustee did ask when was the last time I had worked, which I didn't expect, but that was it - nothing more was said.

                I am partially disabled and can't really work now, but I didn't even say that.

                We don't have young kids. Although I do watch my grandchild some - but that was not mentioned or a factor.
                Filed Ch 7 -- July 9, 2008
                341 mtg ---- August 14, 2008
                Discharged ---- October 17, 2008
                Closed --------- December 11, 2009!

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                  #9
                  Trust me, it won't be an issue. Day care sometimes outweigh the two-income benefits.
                  Disclaimer: Young, NOT Dumb.(._.) The plan: $480 monthly for 60 months at 100%. 07/12/08
                  Motion to Discharge: FILED!! 08/07/13
                  60 down/0 to go \m/(*.*)\m/ 100% complete!

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                    #10
                    My trustee actually made a joke out of it...he was looking over the paperwork and then said " I can see why you dont work outside the home".
                    5/29 Filed 7~ 341-on 6/24
                    8/27-DISCHARGED
                    11/2 - CLOSED
                    EQ-604 EX-605 TU-560 ~4.5 months after discharge

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                      #11
                      I'm a SAHM with a child with Downs. I can't work outside the home. He is sick a lot. About 40-50 days a year.

                      I work part time when he is at school.

                      SN kids need lots of TLC and finding someone to care for them costs $$.

                      The rate in my area is 20-22$ per hour. My earnings are about $10 per hr.

                      I'm filing 7 within a few weeks and I hope they don't make me go outside the home to work. I would have to put my son in a home for the weekdays.

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                        #12
                        My wife had to file an affidavit that she made no income at the time that we filed, but it has never been brought up by our lawyer that it would be an issue...

                        We have our 341 meeting on Monday, so I guess that we will find out for sure.
                        Filed 8/08 - Discharged 11/08! Not tracking FICO.
                        Pre-Bankruptcy Net Worth: -$72,000... Today's net worth: $142,000.
                        If your FICO score just went higher than your net worth, and you are happy about this, you might have a financial problem!

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                          #13
                          This is like the question that con't to come up for me. I want to file single and not have to have my husband involved in it. As I have posted before, my income is/will be reduced at least 25-50%. All of the bills are my CC's. (My hubby is very good at not causing debts but when he does he pays them off like he should.)
                          Will he have to cough up money to pay onto my 13? The first lawyer I saw said I will have to go 13, but with my new income, I'm afraid of what the monthly payment will be. I just don't want to burden my husband. Looking at the allowable levels for rent, etc., we pay more that that. In GA., living expense is under $600. month. Our rent alone is over $700.
                          I'm just scared.

                          Comment


                            #14
                            My rent, food, and gas were more than the national standards.

                            How would you be burdening your hubby? He is your hubby and is suppose to help, no.

                            Originally posted by oopsnow View Post
                            This is like the question that con't to come up for me. I want to file single and not have to have my husband involved in it. As I have posted before, my income is/will be reduced at least 25-50%. All of the bills are my CC's. (My hubby is very good at not causing debts but when he does he pays them off like he should.)
                            Will he have to cough up money to pay onto my 13? The first lawyer I saw said I will have to go 13, but with my new income, I'm afraid of what the monthly payment will be. I just don't want to burden my husband. Looking at the allowable levels for rent, etc., we pay more that that. In GA., living expense is under $600. month. Our rent alone is over $700.
                            I'm just scared.

                            Comment

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