QUESTION
I'm not married but reside in an apartment with a woman who is claiming bankruptcy, why do they need my pay stubs?
Asked on Nov 21st, 2015 on Bankruptcy - California
More details to this question:
We're not married but they want my pay stubs. She's claiming bankruptcy. Why am I being dragged into this?
8 ANSWERS
Because it works on household size that is why unless you are just a co habitat that share the cost but it is tricky you need to see a Lawyer with your circumstances.
Answered on Dec 02nd, 2015 at 5:43 PM
Bankruptcy requires an assessment of the total income of the household during the six month period prior to filing. People who live together may or may not constitute a household. Deciding whether or not unrelated people are a household is a matter of some debate. Although your income may have to be included in the bankruptcy, neither your name, your social security number, nor other identification will be needed in this bankruptcy case.
Answered on Dec 02nd, 2015 at 5:13 PM
Meet with an experienced BK lawyer as soon as possible. This is important.
Answered on Dec 02nd, 2015 at 5:13 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Some of the requirements of bankruptcy are based on total household income. That is the income of everyone living in the bankrupt's household who is contributing to the expenses of maintaining her household. So, if you're simply roommates that split the rent and have all your finances separate, her household is just herself and they don't need your pay stubs. If you're lovers, who have a joint bank account, commingling your income and paying all expenses out of the joint bank account, then you two are a single household and the trustee has the right to your pay stubs. Of course, many people have financial and social arrangements in between those two extremes. There is no way to predict how each arrangement will be treated by the court.
Answered on Dec 02nd, 2015 at 5:12 PM
2 Awards
If you contribute to the household expenses then she must reflect that on her bankruptcy petition. I do not believe that you have to provide copies of your pay stub's. However, the trustee is allowed to inquire as to whether you assist her financially.
Answered on Dec 02nd, 2015 at 2:35 AM
They don't need them. You cannot be included in the case.
Answered on Dec 02nd, 2015 at 2:35 AM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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They don't and I would refuse to give them.
Answered on Dec 02nd, 2015 at 2:35 AM
Your question should really be directed to the bankruptcy trustee. However I assume that the question arises because you are living in the same household as The debtor in bankruptcy. Your roommate should have a lawyer in a case which is even a little more complicated than the typical one. And this one is. It's almost always worth the investment.
Answered on Dec 02nd, 2015 at 2:35 AM