Why do creditors want my pay stubs if my wife is filing a solo bankruptcy? 31 Answers as of November 10, 2011

It is the trustee who is administering your wife's bankruptcy who is requesting the pay stubs to determine your wife's eligibility to file Chapter 7 bankruptcy or the amount she would pay into a plan if filing Chapter 13 bankruptcy.

Whenever only one spouse files bankruptcy, the court is looking at the income of the entire household and the martial power to pay the bills. After all, it wouldn't be fair to let a wife who does not work file bankruptcy on consumer debt if her husband brings in $250,000 year - for example. The paystubs are used for the Means Test in Chapter 7 or calculation of disposable income in Chapter 13.

Assuming you are in a community property state (California, Washington, Arizona, Neveda, four others not in the West) your income is community property. This means that your wife's bankruptcy which must qualify under the B22C means test for either Chapter 13 or Chapter 7 based on the last six months of income, involves your income as well as hers.

In order to file bankruptcy a debtor must provide the court with 6 months income verification. A person's income includes all household income. This means that your income is at issue if your wife is filing for bankruptcy assuming you still live together and contribute to the household. The check stubs are not for the creditors they are for the court to determine what the household income is. This is normal.

The creditors don't need your paystubs, but it is a legal requirement to file bankruptcy that your income is included in her bankruptcy petition to make sure she qualifies to file.

Its not the creditors. It is the requirement of the bankruptcy as to review the household income which will include you and your wife.

It is not the creditors. Your attorney needs the information in order to do the Means Test analysis. In addition, every filing is audited by the US Trustee's office who need to see your wife's pay advices to determine household income.

I don't understand why creditors would ask for your husband's paystubs. You might need it to calculate your husband's monthly income for the means test but you don't attach his paystubs to the petition.

If your wife files bankruptcy and you live in the same household, she is required to disclose your monthly income or the amount that you contribute to the household expenses.

Your paystubs are required to verify your income for your wife's means test.

It is a community property state, so your income has to be included in her bankruptcy.

Your pay stubs will help to establish a household income for your wife.

Yes, you must include the entire family gross income (regardless of who is filing) to determine if either member of the household qualifies for chapter 7 bankruptcy.

Even though it is a single filing, your income is taken into account for purposes of determining whether the spouse qualifies for chapter 7.

It's the BK court that wants your pay stubs. Even if only one spouse files, you must qualify as a couple income wise. Let's say you have no kids and your wife files, as a couple you must have made less than $30.750.00 over the past 6 months or a presumption arises that she is abusing the system. I don't believe this is fair myself but that's the just way it is.

They shouldn't want your pay stubs and the court would not require them to be submitted, just your income info should be sufficient.

Even though your wife filed alone, your income is taken into account in herbankruptcy because you are married and your income is considered part of her household income.

The Trustee is the one that needs your paystubs but the creditors can also ask for them to verify that your wife reported all the household income correctly. Your income must be reported also and counts if you are married and live together. You have a legal obligation to support your wife and she has a legal obligation to support you plus California is a community property state and half of your income is hers and vice versa. The stubs are used to calculate both gross income and deductions for taxes, medical insurance, 401k contribution, and other things that are allowed to be deducted to calculate how much your wife would have left to pay creditors and even if she is eligible for Chapter 7.

"They" are not your creditors as such here, but your Wife's bankruptcy attorney, who needs to list your income in her individual bankruptcy per the rules.

Even if she is filing an individual bankruptcy, gross family income is used to determine of she qualifies to file a Chapter 7 case, which means they need your paystubs to determine what the gross family income is.

Because the law REQUIRES that BOTH spouses' incomes are used on the MEANS TEST even if only ONE spouse is filing when the spouses live together and haven't separated. The last six months of average gross monthly income (i.e., if a November filing, then ALL of the income from May 1st - October 31st is considered) is used to determine the CMI (current monthly income). Pay stubs are how you prove what you actually make.