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I'm filing individually, as all of the debts being included are in my name only. The house is in my husband's name, and the vehicles belong to him, my name is not on the titles.

I was laid-off the week before Thanksgiving, so just going by my husband's income, I qualify for Ch. 7 using the means test for a household of 3.

I got my court date for the meeting of creditors, and the trustee is asking for some documentation that I already provided to the attorney. On the list, I am asked to provide a copy of my husband's most recent pay stub - fine, I have already done that, but can do it again. Then it mentions bank statements which include the date the bankruptcy was filed. I have provided my bank statements to the attorney, but since my husband is not filing, am I required to provide copies of his statements?

I am just concerned if this is the case, because he has a bit in his checking account due to the fact that he has been working out-of-state since October and has to pay all expenses out-of-pocket and wait to be reimbursed by his company. So, he has to have quite a bit in there for this purpose. It is nowhere near enough to pay off my debts, so not like he's stashing away. Also, this debt is solely mine, so he feels he shouldn't have to be involved.

Anyway...... anyone know about this?

Posted: Sat Dec 22, 2007 12:52 pm Subject:

I filed bankruptcy separate from my husband and don't recall having to provide any of his income info and our home is in his name only. I would ask your attorney these questions.

ladybug

Posted: Sat Dec 22, 2007 1:21 pm Subject:

Thanks ladybug. I'll check into it.

Posted: Wed Dec 26, 2007 1:51 pm Subject:

Nowdays you have to provide to the trustee any bank statements for any accounts covering the date you filed BK.

Are you a signer on your husband's accounts? If so, you would have to provide the statement.

I would call the trustee's office - The phone number should be included in the paperwork they sent you. Ask them - They would know best what the trustee wants to see.

When I filed a few months ago, I don't think the trustee even looked at my stuff . . . . But I could be wrong.

Another question - Does he have other income coming in? If you have provided his paystubs already, then the trustee would know the amount your household makes. Is the amount in the account more then that? If so, where is this money coming from? That is something the trustee would definatly want to look into.

Posted: Wed Dec 26, 2007 2:04 pm Subject:

I'm not a signer on his account. We have separate bank accounts, separate everything, really. He has no other income coming in, just his regular wages. I was told that I had to show my checking account statement as of the date the bankruptcy was filed, and any amount over $300 (for an individual filing) the trustee will take off you to go towards creditors. Well, I think I had $43 in my account, so I'm not worried about that.

I'm fairly certain since my husband is not filing and we do not have joint accounts, the trustee cannot take his money. His income just has to be considered because they use "household" income in determining the means test.

I will speak to trustee's office and or attorney to clarify, though.

Posted: Thu Dec 27, 2007 12:55 pm Subject:

I would ask them just to clarify, but U think you are probably right. If you are not a signer on the account it shouldn't come into play.

Since the income going into the account is his normal wages, and the trustee already has the paystubs, I don't think they would think anything of it. They want the bank statements to make sure nothing is stashed away . . . . . So I don't think it should be a problem.

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Filing Ch.7 - Married filing individually....

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