Can I include my non-filing spouse's student loans in my Schedule J for my chapter 7 bankruptcy?

Attorney answers (3)

1. 

   Dorothy G BuncePro

   Las Vegas Bankruptcy Attorney

   Contributor Level 20

   

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   Answered October 14, 2010 12:35. If you are including all your spouse's income in your budget in Schedule I, you may be able to list all of your spouse's expenses in your budget.
   
   Budget issues are typically handled differently in different areas of the US, so I would rely on what your own attorney is telling you.
   
   If you are upside down on Schedule J, be sure all of your expenses are necessary. To obtain a discharge in Chapter 7, you are not required to show that you are spending more than you bring home. You just need to show that you don't have enough left to make meaningful payments on your debts.
   
   Good luck!

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2. 

   Thomas A McAvityPro

   Portland Bankruptcy Attorney

   Contributor Level 14

   Answered October 16, 2010 16:06. As long as it is a real expense that your household confronts on a monthly basis, there is no reason why you would not include it on Schedule J. I do think that you would want to be in a position to demonstrate to the Chapter 7 Trustee that this expense is being paid on a monthly basis.

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3. 

   Thomas A McAvityPro

   Portland Bankruptcy Attorney

   Contributor Level 14

   Answered October 16, 2010 16:06. As long as it is a real expense that your household confronts on a monthly basis, there is no reason why you would not include it on Schedule J. I do think that you would want to be in a position to demonstrate to the Chapter 7 Trustee that this expense is being paid on a monthly basis.

   • Northwest Debt Relief Law Fir

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