Personal Bankruptcy Laws

One of your duties as a bankrupt is to report your entire household’ income to your trustee so that your surplus income obligation can be calculated. It is then your obligation to pay the surplus income as calculated. Failure to the pay the required surplus income obligation will delay or possibly prevent your discharge from bankruptcy. In cases where the spouse refuses to divulge his or her income to the Trustee, the surplus income obligation is calculated without regard to the spouse’s income; however the threshold above which surplus income is calculated is adjusted appropriately. If your spouse is not a bankrupt, your trustee will not have access to his income information. However, at the time of filing of your tax returns of the year of bankruptcy, you will have to provide your trustee with your spouse’s net income. I would strongly suggest that you advise your trustee of your situation so that the issue can be properly addressed. Your discharge could be affected if your situation otherwise comes to the trustee’s attention.