As we all know the BR petition asks for info about spouses income and then, later the IPOQ asks for similar details. My question is:
If one's own (the bankrup'ts) income is insufficient for an IPA/IPO to be applied but, with the spouses income (who is not BR)taken into account, the incomings becomes enough for an IPA/IPO to be applied would the OR actually apply one?
I mean, is it fair that the spouses income should cause the BR to get an IPA/IPO? Suppose the spouses income changed soon after an IPA/IPO would the IPA/IPO be cancelled?
The reason the spouses income is asked for is to make sure the bankrupt only pays a proportionate amount to the household expenditure as their income. If the bankrupt is bringing in 50% of the household income they would only be liable for 50% of the household expenditure.
As with any IPA/IPO a change incircumstances should be notified to the OR so it can be reviewed.
Spouses Income
Posted - 25 September 2008 : 14:11:54
