My wife file chapter 13 bankruptcy and I did not. I am assuming all joint debt as well as my own. But the trustee wants more????

I am not licensed in your state but I can offer some general advice.

There are a couple of different issues here and I will try to address them one at a time.

As for the debts, your wife, at the end of her case if she is able to finish the chapter 13 plan will get a discharge of most if not all of her debts. That means she will no longer legally have to repay them. Joint debts will be discharged for your wife, however you will have to continue to pay them after the bankruptcy.

As for why your income is listed in the bankruptcy, the bankruptcy laws are clear that you have to include all income from whatever source for the household. So there is no way to separate a husband’s income and a wife’s income it is household income. But this does not mean you are legally responsible to pay the debt. This is just how the Court will look at income.

If you do separate prior to a divorce your wife may no longer have to count your income. Also, it is typically a good idea to have the bankruptcy completed before filing for divorce. However, this is not always possible.

You should consult a local attorney to better understand the laws of your state.

Good Luck.


Robert Kovacs