I filed for bankruptcy in December 2008. I still live in the same house as my husband, but he doesn't help me in any way. I pay him rent and groceries, among other things. The trustee still adds my husband's income to my monthly statement, resulting in "additional income." The trustee is demanding that I pay him this "additional income" for the last eight months. If I don't pay this amount, he will refuse to discharge me, and a judge will have to decide whether I should be discharged after the ninth month of bankruptcy or remain bankrupt for the next 11 months, as the trustee wants. I would like to know how to prepare my case and what arguments to use to get the judge to grant me an unconditional discharge.
Your trustee applies the usual standards for calculating additional income.
If your husband provides no assistance whatsoever, this is what you will have to establish in court.
If your husband provides no assistance whatsoever, this is what you will have to establish in court.
Questions reliées
- A month before our separation, we bought a boat using a joint line of credit. My ex kept the boat, which means I still have a loan in my name that I have no control over. What are my options for removing my name from the joint loan?
- A year ago, I signed a car-sharing agreement with my ex-partner. We have since separated, and I have experienced significant financial difficulties and am planning to file for bankruptcy. Given my inability to pay for the car, can I include it in the bankruptcy proceedings? If my ex is ultimately held responsible for the car, can he take legal action against me and demand payment or anything similar? The car payments haven't been made for four months, and it will soon be repossessed by the finance company.
- Are the monthly bankruptcy fees the same for everyone, or do they depend on income? Also, if my spouse and I both want to file for bankruptcy, will we have to pay twice or only once? We have joint debts and each have personal loans. How does this work in that case?
- Does a protection clause also apply to a tax/government debt if I inherit during or before bankruptcy proceedings? And if the death of the person leaving an inheritance occurs before bankruptcy but bankruptcy proceedings have not yet begun? Is that inheritance still subject to seizure?
- Does marrying someone who is personally bankrupt (not discharged) make me responsible in any way or affect me personally?