Do I need to provide all these information about my car and insurance that are both in my name only if my husband is filing chapter 7? 14 Answers as of August 21, 2014

My husband is filing chapter 7 bankruptcy. However, I made it a point in the beginning to let him know I wanted nothing to do with it. Trustee was then asking for my pay stub. I currently do not work, so I had to find the place that issued my pay stubs to get them to get me a copy. So I got them what they wanted. A week later, this trustee is now burdening me once again for more things from me such as information on my car and my insurance. Keep in mind I have only been married a year and everything has been separate since we dated. I never changed my last name and my car and insurance and everything else of mine is in only my name and my car and insurance were both purchased before we became married and are both in my name only. Why is this trustee bothering me about every little thing? I can understand the pay stub but now this is aggravating me to no end especially when I have nothing to do with my husband's bankruptcy and these items are in my name only. I could understand if we co signed or had joint accounts on my insurance but it is all separate. If I do not provide proof of my car and insurance, my husband said his case will be dismissed. I don't see how by not giving this trustee my car and insurance information could be the reason for a dismissal on his case.

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Stephens Gourley & Bywater | David A. Stephens
The trustee must investigate the assets owned by your husband, including any interest he has in your car. (He may not have an interest in your car.) The insurance is so that if there is an accident a new debt is not created because the insurance covers it.
Answer Applies to: Nevada
Replied: 8/21/2014
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Cooperation on your part is strictly voluntary, since you did not file. They are trying to determine whether they can force your husband into a Chapter 13 Plan to repay something to his creditors, by looking at your income and expenses.
Answer Applies to: Colorado
Replied: 8/19/2014
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
I assume you are in California. How property is titled does not define whether it is separate or community property. It is possible to transmute separate property into community property after marriage over time for example by using income earned during marriage (income earned during marriage is community property) to maintain separate property so that would include making car payments, insuring it, maintaining it. Without understanding more about your situation it's hard to say anything more. If you don't cooperate and provide the information it's likely that your husband's case will not move forward. I hope he retained an attorney, he may not have based on what you say because an attorney should and would have been clear upfront as to what is needed. In the absence of an attorney I do hope he used the proper exemptions to exempt the property.
Answer Applies to: California
Replied: 8/19/2014
Since you did not file the bankruptcy your assets should not be included in the bankruptcy. Just send a copy of the title to the trustee. That will tell him that the vehicle is yours alone.
Answer Applies to: Minnesota
Replied: 8/19/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Just because you asked not have a part in his bankruptcy does not make it so. You are his spouse and part of the same household so you are involved. Once the trustee asks for docs it is easier to give it then to fight it.
Answer Applies to: New York
Replied: 8/18/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Even though you are not filing bankruptcy, because you and your husband are a household, your income and your expenses matter in determining whether or not your spouse is entitled to the many benefits of bankruptcy. This falls into an area known as good faith. If your spouse could afford to pay all or part of his debts, he would not be eligible to obtain these benefits. It is not unreasonable for the court to ask for documents about your finances to substantiate his claims of financial hardship.
    Answer Applies to: Nevada
    Replied: 8/18/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    The trustee's requests are reasonable as California is a community property state. Although you did not file a bankruptcy petition, your income, assets and expenses theoretically impact your husband's economic life. If you comply with these requests, the process will move forward and it will be over soon and you and your husband will be able to move on with your lives.
    Answer Applies to: California
    Replied: 8/18/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    These are routine requests from the trustee for his/her due diligence. S/he must verify that your husband's name is not on the car registration or it would be considered a joint asset. In the same vein, if your husband were paying for the insurance on your car, it could be construed as partially his asset. It is true that the trustee could get your husband's case dismissed if these reasonable requests are not honored.
    Answer Applies to: Oregon
    Replied: 8/18/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    The trustee is simply making sure your husband is not committing fraud. That is the trustee's job.
    Answer Applies to: California
    Replied: 8/18/2014
    Ronald K. Nims LLC | Ronald K. Nims
    Part of a Chapter 7 bankruptcy is based on total household income and total household expenses. So paystubs and expense information can be required from the nonfiling spouse or even unmarried domestic partners. So yes, the trustee can dismiss your spouse's bankruptcy if you don't comply with reasonable records requests.
    Answer Applies to: Ohio
    Replied: 8/18/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Nevada is a community property state which means your income and assets are jointly owned by you and your souse and must be included in the bk.
    Answer Applies to: Nevada
    Replied: 8/18/2014
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    You need to provide information about your car and insurance or your husband's case may get dismissed. A debtor has a duty to cooperate under Bankruptcy law. The short explanation is that all assets are community assets in California unless they fit in the few "separate asset" categories and trustees investigate whether or not something is a separate asset by asking for such information. A more cynical view is that the trustee is trying to get you upset so you stop cooperating so he can then shake down your husband for some asset on the basis that he is not cooperating. Please remember that the trustee is not a debtor's friend. He or she is, in fact, a debtor's "enemy". S/he represents the creditors as a whole and you wouldn't expect someone who represents your opponents to be friendly toward you - he needs to be civil and courteous but not favorable toward the debtor. You should be aware also that the trustees' only compensation may only be the small percentage they get from whatever they recover from the debtors; so, the trustees do what they do for their own livelihood and the system was set up that way on purpose I suppose the view from the people who framed the system is that public servants would not be as relentless as they need to be to maximize what creditors get while letting the honest and cooperative debtors get their debts discharged. The person who is objective in a bankruptcy case is supposed to be the judge. Trustees are not judges. Many debtors confuse them with judges because of the formal setting in which they conduct the meetings of creditors, but the judge is in his or her chambers often in a completely different building (such as in both bankruptcy courts in Los Angeles). My advice would be for you to provide the information and move on. It's relatively painless and it will not otherwise affect you once you are done providing the information.
    Answer Applies to: California
    Replied: 8/18/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    Since your husband does not provide the info to the trustee, the trustee asks you for it. Most trustees would not even bother. They would just dismiss the case. You are really not under obligation to provide the info, but if it is not provided, they will dismiss the case.
    Answer Applies to: California
    Replied: 8/18/2014
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    Your husband is telling the truth. It is still seen as a household, ?that is the reason for the paystubs. Trustee can and has right to inquire into the cars in the household and such. I would give the info asap.
    Answer Applies to: New Jersey
    Replied: 8/18/2014
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