Do I do the same for Schedule J if I included his income on Schedule I? 14 Answers as of March 09, 2015

I recently got married. My husband has great credit and pays his bills on time. I came with debt and that accumulated while in my previous marriage and a recent wage garnish. I no longer am employed and my new husband is now paying all the household bills (it’s been very tight). His concern is that he might have to pay my past debts by disclosing his financial obligations and income since I'm including only what he pays on schedule J, I contribute nothing right now. Will he be stuck paying my past debts? Do I have to put him on the schedule J?

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Joseph Lehn, Esq
Joseph Lehn, Esq | Lehn Law, PA
The household budget is to be listed on Schedule I and J. That includes both your husband's income and your husband's expenses.
Answer Applies to: Florida
Replied: 3/9/2015
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
I would suggest that you meet with an experienced attorney face-to-face.
Answer Applies to: Colorado
Replied: 3/2/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
Getting married before you make the decision about cleaning up your financial problems can be a big mistake. Bankruptcy law requires disclosure of all income coming into the household and being married to a high income earner can make you ineligible for Chapter 7, leaving you with only Chapter 13, where you make monthly payments, as an alternative.
Answer Applies to: Nevada
Replied: 3/2/2015
Law Offices of Daniel J Winter
Law Offices of Daniel J Winter | Daniel J Winter
Generally, if you are married, you need to include the whole household's income and expenses, so that means you include both of your incomes and both of your expenses. You need to contact an attorney to discuss your whole situation before trying to do this on your own. Bankruptcy is a very complicated process, with sometimes complicated results. Call an experienced bankruptcy attorney now. It will cost more to "fix" things than to hire a good lawyer from the beginning.
Answer Applies to: Illinois
Replied: 3/2/2015
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
You put his income on schedule I and only your debts on schedule j.
Answer Applies to: Nevada
Replied: 3/2/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    He is part of your household income, but he is entitled to a marital adjustment to deduct the part of his income that goes to pay for his separate expenses.
    Answer Applies to: New York
    Replied: 3/2/2015
    Ronald K. Nims LLC | Ronald K. Nims
    Bankruptcy is based on household income and household expenses. If, on your joint income for the past six months, you don't qualify for a Chapter 7; then yes, his income will be used to make the Chapter 13 payments. If you separate into two households, then you'd qualify for a Chapter 7 and not have to make any payments. Of course if you move out for several months, your new hubbie may start to believe he qualifies for a new love interest.
    Answer Applies to: Ohio
    Replied: 3/2/2015
    Stephens Gourley & Bywater | David A. Stephens
    He will not have to pay your debts unless they are his too. You do need to include him on Schedule J so the court gets a complete picture of your family's financial status.
    Answer Applies to: Nevada
    Replied: 3/2/2015
    John W. Lee, PC
    John W. Lee, PC | Kim A. Lewis
    Yes you must put his expenses along with yours on schedule J. No, he will not be held responsible for your debts.
    Answer Applies to: Virginia
    Replied: 3/2/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes, he goes on Schedule I, J and on the means test. You should see a lawyer to make sure these schedules are done right.
    Answer Applies to: California
    Replied: 3/2/2015
    EDWARD P RUSSELL | EDWARD P RUSSELL
    When your spouse lives with you his income must be included on Schedule I (income) even though only the debts of the filing spouse are discharged in the bankruptcy. The Schedule J is treated as a household size of two people with all of the expenses of the household. The debts of the filing spouse are not attributed to the non-filing spouse.
    Answer Applies to: Minnesota
    Replied: 3/2/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    You are doing the right thing by including your husband's income on Schedule I, because you are supposed to report all income into your household from any source. If you're including his income, of course you should include all his expenses as well. If they don't fit in any of the categories, you can just enter a single line for all the debts he is paying and describe it as "spouse's debts." It is the "means test" that determines whether he will be obligated to pay any of your debts. If your household income for the past 6 months is greater than the median for your household size, then you have to do the "long form" means test to determine if you have any "disposable income" after figuring in standard living expenses. If your monthly disposable income exceeds a certain threshold, you will be presumed ineligible for a chapter 7 and would be expected to file a chapter 13 which does require a repayment plan. If you get to that point, you would be foolish to go any farther without competent legal advice, because chapter 13 is extremely complicated and goes on for years. Usually if you have a lot of unsecured debt, the attorney fees get paid at the expense of the unsecured creditors, so it really doesn't cost you more to hire an attorney to do the job right. You can always finance the attorney fees through your chapter 13 plan. Your husband might feel more comfortable if you got competent legal advice whether you file under chapter 7 or chapter 13, because he could be exposed to liability in your case either way.
    Answer Applies to: Oregon
    Replied: 3/2/2015
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    This is complicated. PLEASE PLEASE go seek out counsel, so it is done correctly and you do not do more harm than good.
    Answer Applies to: New Jersey
    Replied: 3/2/2015
    Westgate Law
    Westgate Law | Justin Harelik
    You need an attorney. Don't try to do file your case on your own.
    Answer Applies to: California
    Replied: 3/2/2015
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