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

Springfield, MO |

On the means test, I'm able to use the "marital adjustment" to adjust my non-filing spouse's income using her student loan payments. This adjustment allows me to pass the means test by at least $700.

Is there anything similar in can do on Schedule J? I still have a negative income without the student loans but the margin is much less comfortble.

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Attorney answers 3

Posted

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!

Posted

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.

Posted

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.