Steve Bingman asked:




It is not uncommon for a married couple to consider filing bankruptcy, but question whether or not both the Husband and Wife have to file. It may be a situation where one (ex. the Husband) has debts which must be dealt with while the other (ex. the Wife) is financially sound. So, is there such a thing as “Chapter 13 Husband Bankruptcy”? The answer is yes!

While it is really not called “Chapter 13 Husband Bankruptcy”, it is possible for a Husband to file bankruptcy under Chapter 13 by himself. Bankruptcy law does not require that both a Husband and Wife file jointly.

Even though only the Husband is filing bankruptcy, the income and expenses of the Wife are required when the Husband files, so that the bankruptcy court, the trustee and creditors can evaluate the household’s financial position to determine if the Husband qualifies for bankruptcy.

The Wife will need to disclose:

1. All of her creditors as well as the amount that she owes each creditor and the basis for which she owes each creditor.

2. The source and amount of her income as well as how often she is paid.

3. All of her property.

4. All of her monthly expenses such as food, housing, utilities, taxes, transportation, medical, medicine, business, etc.

Several aspects of a Chapter 13 bankruptcy are affected by a person’s household financial position including, but not limited to, the length of time for the payment plan and the eligibility of the debtor. For an accurate picture, the Wife’s information has to be included. However, the Wife is not a party to the Chapter 13 bankruptcy and is not bound by the bankruptcy.

It should be noted that if the Wife’s financial status changes during the bankruptcy, the change needs to be reported to the trustee as it can change or affect the Husband’s bankruptcy.

This is general information. If you need specific information or have any questions of any nature whatsoever, talk with a lawyer licensed in your state.

This article may be republished, but the wording must not be changed and the author links must remain active.

http://rexkaufman6721.webs.com/apps/blog/show/867595-using-chapter-thirteen-bankruptcy-to-stop-foreclosure

meme asked:


my mother-in-law filed chapter 13 bankruptcy so they draft money out of her pay check every week to pay for it.
I was wondering if she could get in trouble for renting rooms out of her home and not reporting that income to the bankruptcy court.
She is getting around $400 a month her mortgage is worked into the chapter 13 and hemortgagege is only $300 and something and thaincludesds property tax. She also has her Car worked in and a few other bills. She has Harleyly but I don’t thinthat’sts in the Ch.13.
So is she supposed to be reporting this?
Oh and hemortgagege is a USDA loan so I don’t think she is supposed to rent to anyone anyway?
Does anyone know?
If this is fraud than whom do i contact to let them know?
I am working on my bachelors in criminal justice, (i have mo clue about the laws on bankruptcy yet) and I feel uncomfortable knowing this information and not doing anything about it.
I am sorry if that makes me sound could hearted, but I am working to hard at 27 and my husband is 28 to give our three children who will soon be 8, 10 and 12 a good life and we will not be brought down with her.

Jon M asked:


I have had great financial difficulty this past year, and have fallen behind on many of my obligations, due to drastic income loss. I was behind on my 2nd mortgage, and was trying to work out a loan modification with them, when I called today to find out the status, they informed me that my loan is now closed and charged off. I think I understand what that means, that is a banking term and I am still liable for that debt. My question is; is this debt still a lien on my home, and if is not, can I file it in my chapter 7 bankruptcy? The bank told me that they would not forclose on the home. I have tried to research this, but not finding any luck with the questions I have. I spoke with my attorney, and she said that I would have to file a Chapter 13, or else the 2nd mortgage would forclose…Does any one have any information, or gone through a simular situation?
FYI, my home is not worth as much as I owe, so the 2nd wouldnt get their $$, even if they forclosed.
Thank you David. Now, do you know if the bankruptcy court will see me as behind on my second? The bank is now not concerned will collecting the late payments, but wants to set up a payment plan with no interest. Can I do that and not include this loan in the bankruptcy? I know I can reaffirm it, but with this now a charge off account, I am not sure how that works.