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Spouse not filing question


kareran
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My 341 is tomorrow and I know the trustee is going to ask me why I am filing and my husband is not. What is a good answer to this question? They were all my credit cards, in my name, and some of the charges were made before we got married but some were made when we were married. My husband really was oblivious to how much money I was charging up on my credit cards though. He truthfully didn't know what kind of mess I caused until I told him. Should I just tell the trustee that or does it sound like I'm not being truthful? I guess I'm just nervous but I want to be prepared for anything. Any help would be appreciated!

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Kareran,

I am not very knowledgeable in this area... I'm just giving your post a bump so someone else who is better informed can answer you.

Personally, I wouldn't volunteer all the details about your situation.

I would just say "My Husband's and my finances are seperate and not co-mingled." Period.

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Kareran,

I wanted to add that one of my best friends had their 341 last week. He was recenty married, and he is filing alone. To complicate matters, his wife just bought a new house and a new car (new BMW no less). He was freaking out about the trustee's reaction like you are concerned. Turns out the trustee never even asked. He was in and out in five minutes.

Good luck- and i hope someone who knows more than I gives you an answer based in law and not just for encouragement!

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What makes you think a Trustee is going to ask that question at all ? The day I had my 341 I listened to about 40 people and the Trustee, not ONCE were any of them asked why they were filing alone. It is not necessary for a couple to file together, so its far from unusual for one person in a couple to file alone.

If, by chance, the question comes up, just say what you did here - its all YOUR debt, some incurred before marriage.

What MAY be asked about is your husband's income as it relates to your petition. Since that goes to HOUSEHOLD income, it could make a difference, especially if you are a dual-income family.

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I filed and my hubby didn´t and they didnt ask me that question.

They asked me about property I had, asked me things that were on the paperwork already, like you owed $amount to xyz corp. yes?

They told me my student loans wouldnt be forgiven, and that was about it. they have so many people to get through they dont ask a lot of ?? as long as your paperwork is good. (in my experience anyway)

Good luck!

Jen

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