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Spouse’s debt payments as non-discretionary expenses?

We are a married couple–I am in bankruptcy and my husband isn’t, though he has chosen to divulge his income. We have some confusion about what can be deducted from his income as non-discretionary expenses in order to determine his net income. Can he deduct his full payments towards his credit card and student loan debt, or only the interest?

Posted from: Ontario

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One Response to “Spouse’s debt payments as non-discretionary expenses?”

Barton Goth – Goth & Company Inc. -Trustee in Bankruptcy said...

The categories of non-discretionary expenses are fairly clear. They include things like child support, spousal support, day care costs, medical condition expenses, fines or penalties imposed by the court, expenses as a condition of employment. Thing like payments towards his debts, whether they be credit cards, student loans or interest wouldn’t qualify. But realistically you are best to discuss this directly with the trustee you will be using for the bankruptcy.