[CLBS] Nonfiling spouse, any negative impact to credit report? Also, challenges by UST for non-filing spouse's separate debt payment deductions on means test?

[Holly Roark]

1.	I have not had any issues with a nonfiling spouse getting hit on
their credit report, but I want to know whether you have. I will be filing
for one spouse; they do have one joint car loan which will be reaffirmed.
Non-filing spouse is concerned his credit report may be hit because of
filing spouse's chapter 7. He wants to get a mortgage loan and does not want
his wife's bk to hinder that. 

Is there anything to be concerned about? Will there be any notation on his
credit report that the joint car loan was "reaffirmed in a BK"? Will this
affect his ability to get a mortgage loan? 

 

2.	We will need to deduct nonfiler's separate credit card payments on
the means test. Debtor is unemployed, but spouse puts them over the median.
Some of the debt is pre-marital, some is not. I understand we can deduct his
separate debt payments on the means test so long as they are not for the
benefit of the household (what exactly does this mean? - What is the
standard?), and/or if they are for pre-marital separate debts. I am trying
to anticipate an audit by the UST. What can I expect, and what documentation
should we put together ahead of time in order to defeat a challenge by the
UST?  

 

 

Best regards,

HOLLY ROARK

Attorney at Law 

Certified Bankruptcy Specialist -

By the State Bar of California Board of Legal Specialization

 

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