Questions after filing -- surplus calculations, partners' new assets, etc

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Katie

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Hi,

I just filed for bankruptcy and have a couple questions that I did not manage to clear up with my Trustee as I was signing the papers.  A couple facts about me -- I live common-law with my partner and we are about to have baby (so we'll be a family of 3 in a couple of weeks - or less!).  I have one more week of work left and then will be collecting maternity E.I.

1)  How exactly does the formula for surplus income work?  He is not filing for bankruptcy, just me.  So if together (net family income) we have surplus income, how is my bankruptcy payment calculated?  If we are, say, $800 over the surplus, and 44% of that came from me? 

2) If my partner receives $$ through a will/estate while I am in bankruptcy, does that get added to our family income (and therefore have to be reported)?  It doesn't seem right to me that this would be family income - it seems more of an asset or property that is in his name (and therefore belongs only to him).   

Thanks!

-Katie




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Nevergiveup

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Dear Katie,
When you file the form each month, it stated in the top, how many people in your household, the answer should be 3, yes if you live with your partner,  you will have to add his income and  you will have a surplus.

For the second part of your question , I am not so sure,  try to talk to an insolvency lawyer before  filing bankruptcy and he will explain/ expand more about will/estate while you are in bankruptcy.

Than ks

 

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