Yours, Mine and Ours: Counting the Income When the Married Debtor files a Single Petition

A VARIETY OF VIEWS – A TRUSTEE’S PERSPECTIVE

By Rebecca Connelly, Chapter 13 Trustee for the Western District of Virginia

Determining the disposable income of the married debtor who files the single petition can be among the more challenging, and unsatisfying, chores for the trustee. The cases can range from suspiciously abusive to sadly unjust.

Consider the debtor who is in a secure marriage of many years, shares income and certain household expenses with her spouse but chooses to file a single petition. For purposes of “current monthly income,” (CMI), she must report on Form 22C

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