wife innocent to loans and charges-can bankruptcy judge ask for her tax returns and c

[gramdma]

What is the name of your state? Ohio If a person marries someone and 2years later he files for bankruptcy (charges and loans made before the marriage) Can the bankruptcy judge order the innocent party of that marriagae to pay his bills in bankruptcy. Can the judge order to see her checking account and her last 2 years of tax returns?

 

[Ladynred]

Can the bankruptcy judge order the innocent party of that marriagae to pay his bills in bankruptcy.

No.

Can the judge order to see her checking account and her last 2 years of tax returns?

Possibly. Because under the new bankruptcy law HOUSEHOLD income is a bigger factor than it was previously, your spouse's income information will probably have to be revealed.

 

[gramdma]

thank you Ladynred and anyone wants to help set someone straight

Thank you for the info. However,I failed to mention a few things. The husband filing lost his house. Got in trouble with his bank and they closed his account and won`t let him open another. wife had that problem but has corrected it and has savings and checking account in her name only. thing is, his pay check is deposited into the savings to help pay household bills. He also has child support coming out of his pay automatically. She makes alot more than he does and has worked hard to get her credit turned around so she can buy a house.(In her name only) Can the court take all his money , other than the child support, to pay HIS bill, just because she makes a good living? She is concerned about her credit being affected by this just because of HIS bills made before they were married .

 

[Ladynred]

Can the court take all his money , other than the child support, to pay HIS bill, just because she makes a good living?

Not sure I understand what you mean. Why would the court take all of his money ? Is he in a Chapter 13 ? With his funds mixed with hers, she has to be able to PROVE exactly how much is hers and what is his if there is an issue. If he's in a Chapter 13, then his plan payments will be based on his disposable income and there are allowances for normal living expenses and, of course, for the child support. Because household income IS considered he may wind up paying more in a Ch 13 than if he were single or she were not working.

HER credit can NOT be affected by HIS individual bankruptcy. Just because you're married does not mean your financial lives are automatically blended. It doesn't work that way, and OH is NOT a community property state (which is another can of worms). As long as they have NO JOINT credit, then her credit is safe, only his is trashed.

 

[gramdma]

Ladynred thanks- read

You are saying that her income will count as far as him paying back things. If they count her income in household and they take most of his earnings then she would have to support him while he pays bills made while married to someone else?

 

[Ladynred]

Essentially, yes. but it's doubtful they will take 'most of his earnings'. If he contributes to the household expenses then he needs to be sure those contributions are listed.