If I include my non-filing husband’s income in the schedule for income, can I also include the debts surrounding joint expenses made for the family? 26 Answers as of June 16, 2014

I want to include household debts.

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EDWARD P RUSSELL | EDWARD P RUSSELL
Yes; include all expenses for the household.
Answer Applies to: Minnesota
Replied: 6/16/2014
Joseph Lehn, Esq
Joseph Lehn, Esq | Lehn Law, PA
On the Schedule of expenses, you should list ALL expenses of your household. Please be advised that if you have joint debt with your spouse you may want to consider the filing of a joint petition.
Answer Applies to: Florida
Replied: 6/13/2014
Law Office of Peter M. Lively
Law Office of Peter M. Lively | Peter M. Lively
Yes. California is a community property state so you are correct in listing both spouses incomes on Schedule I. Your Schedule "J" expenses should reflect household expenses as well as the non-filing spouses' separate debt payments, if any.
Answer Applies to: California
Replied: 6/13/2014
Idaho Bankruptcy Law | Paul Ross
Idaho is a Community Property State. All debts incurred by you and your spouse while married should be included in the bankruptcy schedules. Further, income is based on a household unit, which means your husband's income must be included on your bankruptcy schedules whether he is filing bankruptcy or not.
Answer Applies to: Idaho
Replied: 6/13/2014
Ronald K. Nims LLC | Ronald K. Nims
The total household income and expenses are included to determine if you qualify for Chapter 7 or if you're forced to file under Chapter 13. You can't include your nonfiling husband's debts on your schedules because he isn't filing bankruptcy and can't have his debts discharged in your bankruptcy, you can include any joint debts but only your liability will be discharged.
Answer Applies to: Ohio
Replied: 6/13/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    yes, you list all the income and all the expenses, including any debt he is responsible for.
    Answer Applies to: California
    Replied: 6/13/2014
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    Yes. In fact, in states that follow community property laws like California, you are required to include both spouses' income and expenses.
    Answer Applies to: California
    Replied: 6/13/2014
    Michael B. McFarland, P.A. | Michael B. McFarland
    You are supposed to include all debts for which you are obligated, including joint, community, co-signed, etc. However, since the process gets a little more involved with a non-filing spouse, you should consider consulting with an experienced bankruptcy attorney before filing.
    Answer Applies to: Idaho
    Replied: 6/13/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Because Nevada is a community property state, you may include the debts you have with your spouse jointly. However, you cannot discharge debts that are in your spouse's name alone, those would be allowed as a deduction on the Means Test in the section called Marital Adjustment.
    Answer Applies to: Nevada
    Replied: 6/13/2014
    Rhymer Law Firm
    Rhymer Law Firm | William Rhymer
    Yes, as to your schedules I&J. But to include them in the Means test calculation to try to pass the means test they must be debts of his that are for him. (ex. his boat payment, his vehicle payments, his credit card payments, etc,) I hope this helps.
    Answer Applies to: Georgia
    Replied: 6/13/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    You have to include his income and you also have to list any joint debt you are on. You can include on Sch I any payments he is making for debt he owes, including debts for household expenses.
    Answer Applies to: Michigan
    Replied: 6/13/2014
    Law Offices of Eric W. I. Anglin
    Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
    You must include your non-filing spouse's income so you may include his expenses (i.e. credit card payment, medical bills, car payment). Make sure to identify those expenses as his only.
    Answer Applies to: Indiana
    Replied: 6/13/2014
    Paul Stuber, Attorney at Law
    Paul Stuber, Attorney at Law | Paul Stuber
    They want the full household income and expenses, but not the debts that will be discharged.
    Answer Applies to: Colorado
    Replied: 6/13/2014
    Tidewater Law Group PLLC | Seth Schoenfeld
    You must list all of your debts and debts that you are jointly liable for. If you list your husband's credit card that he used to buy something for the household and you are not a signer on the account then this debt will not be discharged. Also, if you are on the account only you will receive the discharge and the creditor can still pursue him.
    Answer Applies to: Virginia
    Replied: 6/13/2014
    Danville Law Group | Scott Jordan
    Yes, you need to include all debts to which you are legally responsible for.
    Answer Applies to: California
    Replied: 6/13/2014
    David R. Fondren, Attorney at Law
    David R. Fondren, Attorney at Law | David R. Fondren
    Yes. Not only that, you should also list on schedule J; his payments on his debts that he owes by himself and is paying. Such as his car, his student loan, his credit cards, etc. Some of these also go on the means test.
    Answer Applies to: Missouri
    Replied: 6/13/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    Yes, you should include debt service payments your non-filing spouse makes for debts that are not being discharged. I just add a miscellaneous installment payment amount for "non-filing spouse debt payments," based on an estimate of his total monthly payments to all such debts. If the trustee wants more details, s/he can always ask for documentation but that has never been requested on any of my cases.
    Answer Applies to: Oregon
    Replied: 6/13/2014
    Hicks, Massey & Gardner, LLP
    Hicks, Massey & Gardner, LLP | Robert M. Gardner, Jr.
    For purposes of both the budget and form b22, both the non-filing spouse's income and expenses are entered to give an accurate number. Also, any of the non-filing spouse's debts should be included both on the budget and as a reduction in his or her contribution to the household. I highly suggest hiring an attorney to make sure this is done correctly, as only the most experienced bankruptcy attorneys even know how to do this the proper way to make sure that you qualify. Doing this wrong can lead to dire consequences.
    Answer Applies to: Georgia
    Replied: 6/13/2014
    David Andersen & Associates PC | Jeremy Shephard
    You have to complete Schedule I (income) & Schedule J (expenses) on a household basis in a bankruptcy petition. You would include your husband's income so you would also include his ongoing expenses in the schedules. Of course, your husband's debts wouldn't be included as he isn't going to be filing.
    Answer Applies to: Michigan
    Replied: 6/13/2014
    Ryan Legal Services, Inc.
    Ryan Legal Services, Inc. | Kevin Ryan
    The bankruptcy Schedule J permits you do prepare and file a separate schedule of household expenses for the non-filing spouse. Be careful to make sure you have a file with supporting documentation (utility bills, bank statements, receipts going back 6 months if possible for larger items like home or car repairs). A common mistake in this instance is to list the same expense total twice on each separate schedule. It has to show each spouses separate expenses and not the expenses paid by the other spouse on average.
    Answer Applies to: Ohio
    Replied: 6/13/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes, you would include joint debts and there is a marital adjustment for his own credit card and other debts.
    Answer Applies to: New York
    Replied: 6/13/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Yes. You are required to include all income and all expenses of the community. Remember you must also include all community assets.
    Answer Applies to: Nevada
    Replied: 6/13/2014
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    Yes, joint income and expenses.
    Answer Applies to: South Carolina
    Replied: 6/13/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    Yes, but he will still be responsible for them.
    Answer Applies to: California
    Replied: 6/13/2014
    The Law Office of M Grater LLC
    The Law Office of M Grater LLC | Mark O. Grater
    You would want to include all household expenses in schedule J.
    Answer Applies to: Connecticut
    Replied: 6/13/2014
    Berlin Patten, PLLC
    Berlin Patten, PLLC | Jessica Stewart
    It all depends on whose name is on the underlying debt. If a bill is only in your name, it will be discharged. If a debt is listed jointly in your name and in your non-filing husbands name then technically, only your liability will be discharged and his will remain. When you say household debt, if you are referring to utility bills that you still use for example your water bill, you should use caution. Discharging a utility bill can sometimes cause the company to close your account and require a deposit down which may be more than the debt that you owed.
    Answer Applies to: Florida
    Replied: 6/13/2014
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