QUESTION

I'm about to file chapter 13. If I get married before I file will my spouses income be taken into account for whether I qualify fir chapter 13?

Asked on Aug 22nd, 2013 on Bankruptcy - Minnesota
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Bankruptcy Attorney serving Burbank, CA
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Yes.  If you get married prior to filing, your spouse's income will factor into the analysis for determining projected disposable income and, therefore, the applicable plan committment period (how long your repayment plan must be) in the Chapter 13 case. Depending on the property laws of your state, it can also affect the amount of your monthly payment.  In most community property states, the income of your spouse must be included in the budget analysis which, in part, determines your monthly payment obligation. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  
Answered on Aug 23rd, 2013 at 7:11 PM

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