I'm not married but reside in an apartment with a woman who is claiming bankruptcy, why do they need my pay stubs? 11 Answers as of December 02, 2015

We're not married but they want my pay stubs. She's claiming bankruptcy. Why am I being dragged into this?

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Mauritz Van Niekerk, Attorneys at Law
Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
Because it works on household size that is why unless you are just a co habitat that share the cost but it is tricky you need to see a Lawyer with your circumstances.
Answer Applies to: New York
Replied: 12/2/2015
R. Steven Chambers PLLC | R. Steven Chambers PLLC
They need your pay stubs to calculate the household income. She is listing her living expenses, which include rent, utilities, food, etc. Your income is part of what is available to pay those expenses. Without your income her financial situation would be understated as she will show all the expenses but not other money that is available to pay those expenses. You won't be dragged into the bankruptcy. The reason they are asking for this is to calculate whether she qualifies under the Means Test to file Chapter 7 or whether she needs to file Chapter 13.
Answer Applies to: Utah
Replied: 12/2/2015
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Meet with an experienced BK lawyer as soon as possible. This is important.
Answer Applies to: Colorado
Replied: 12/2/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
Bankruptcy requires an assessment of the total income of the household during the six month period prior to filing. People who live together may or may not constitute a household. Deciding whether or not unrelated people are a household is a matter of some debate. Although your income may have to be included in the bankruptcy, neither your name, your social security number, nor other identification will be needed in this bankruptcy case.
Answer Applies to: Nevada
Replied: 12/2/2015
Ronald K. Nims LLC | Ronald K. Nims
Some of the requirements of bankruptcy are based on total household income. That is the income of everyone living in the bankrupt's household who is contributing to the expenses of maintaining her household. So, if you're simply roommates that split the rent and have all your finances separate, her household is just herself and they don't need your pay stubs. If you're lovers, who have a joint bank account, commingling your income and paying all expenses out of the joint bank account, then you two are a single household and the trustee has the right to your pay stubs. Of course, many people have financial and social arrangements in between those two extremes. There is no way to predict how each arrangement will be treated by the court.
Answer Applies to: Ohio
Replied: 12/2/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    If you contribute to the household expenses then she must reflect that on her bankruptcy petition. I do not believe that you have to provide copies of your pay stub's. However, the trustee is allowed to inquire as to whether you assist her financially.
    Answer Applies to: Nevada
    Replied: 12/2/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Because they count you as a contributor to her living expenses. It is not the end the world. Your name will not be listed as a debtor.
    Answer Applies to: California
    Replied: 12/2/2015
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    All household income - not just her income - has to be included to determine if she qualifies to file a Chapter 7 under the means testing requirement or to determine her plan length and possibly her plan payment amount if she is filing, or will be required to be in a Chapter 13. It does not matter whether she is married to you or not.
    Answer Applies to: California
    Replied: 12/2/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    They don't need them. You cannot be included in the case.
    Answer Applies to: California
    Replied: 12/2/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Your question should really be directed to the bankruptcy trustee. However I assume that the question arises because you are living in the same household as The debtor in bankruptcy. Your roommate should have a lawyer in a case which is even a little more complicated than the typical one. And this one is. It's almost always worth the investment.
    Answer Applies to: Wisconsin
    Replied: 12/2/2015
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    They don't and I would refuse to give them.
    Answer Applies to: Washington
    Replied: 12/2/2015
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