[ladyjustice]

I need to file for Ch.7 Bankruptcy. I would like to file jointly with my husband as we both owe on the debt. Problem is tat he is in prison in another stte (we reside in California) and I am having problems getting his income information and tax return info. His brother claimed him as a dependent for the last 2-3 years on his returns and will not tell me any other income information for him.

How can I get the required info? Even if I file alone, I am still required to disclose his income/financial info according to BK law. Can I leave some of it 'blank' if I do not have the info for him? How can I compel his old employer to give me copies of pay stubs and his brother to give me required tax return info?? Thanks!!

[twinkiedooter]

Are you doing this yourself or is this being handled by an attorney? If this is handled by an attorney he would know what to leave "blank" etc. and what not to. Sometimes "doityourself" is not a good idea especially in a complicated bankruptcy. Try paying for the attorney instead. Best $ you'll ever spend so it's done properly.

[twinkiedooter]

WHY would you disagree when I was correct with my answer? Makes no sense.

And no, bankruptcy attorneys do not do pro bono work.

Bankruptcy attorneys can take payments if you look hard enough.

Attorneys don't regularly do pro bono work unless they have to. They are in business to make money and unless the Court requires that sort of work (or their local Bar Assn requires this work (usually so many hours per year of pro bono work is required per year) then you aren't going to find a bankruptcy attorney who does pro bono work.

You need to use the Answer portion of the thread and not use the comments section for your answer. Please re-read the rules of this site for appropriate answer posting. Thank you.

[ladyjustice]

It is called being facetious. The response to the initial question were not really questions- they were more of a retort! I posted the initial question to obtain specific answers to THOSE questions IF anyone knew the answers. Everyone knows they can go to an attorney to have those procedural questions answered and processed. HOWEVER, in this financial climate not EVERYONE can afforn an attorney, whether they offer payment plans/financing. This is why some of us subscribe to these sites- to get real assistance to questions we ask. These sites really help people out of a pickle when specific questions are answered. I do realize that due to the very nature of some legal matters and the specifcs of any given case, it is difficult to answer a question. Most legal questions are not black & white in nature. Everything is "it depends" with the law! That is why it is so fascinating. Was looking for a quick and to the point answer!

However, I do thank you for taking the time to answer my post and trying to assist in the matter. Your time was appreciated.

[Fr_Chuck]

First if your husband is in prison, no one can be filing them as a dependent, since they are a dependent of the state.

Next if the two of you were not living together for several years prior to prison ( for him to be on someone else's taxes) that is another issue.

But merely file by yourself, if and when he gets out of prison, he can then file for hisself to get out of the same debts.

At this point clear and worry about yourself.

If your just have to file with him ( or just want to) get him to sign and request copies of his last income tax filings to prove , have him give you or someone power of attorney to act in his behalf.

There may be a residence issue, since you have to be a resident of the state where you are filing.

[ladyjustice]

Fr_Chuck:

Thank you kindly for your very informative answers. Your first point is very enlightening; never thought of it in that manner. However, he was not incarcerated during 2009- but that is neither here nor there when it comes down to it. Thank you for the advice regarding the POA & filing by myself. I agree, I should worry about just about myself, especially since he got himself into trouble. Cheers!! ;0)