surplus income and old debts 5+ years

Your Trustee will ask for details about the income for the entire household – i.e., your monthly net income and that of your husband.

The reason why is this: although your husband has no financial ties to your current debts, you benefit from residing with him as he (presumably) contributes to the household expenses. Therefore, if you benefit directly from your husband’s income then so should your creditors.

Therefore, the Trustee will need the household income to calculate how much of your debt you should repay in your bankruptcy proceedings through making surplus income payments to the Trustee.

With that being said, your husband needn’t disclose his income to your Trustee if he doesn’t want to. In that event, the Trustee will so notify your creditors that your husband refused to disclose his personal financial information.

Now, what you have to understand that the creditors can choose to use this non-disclosure on the part of your husband to oppose your automatic discharge from bankruptcy. In that event, you would have to attend bankruptcy court to apply for your discharge and the bankruptcy judge may require your husband to disclose his income to the Trustee to enable him/her to calculate your surplus payment.