QUESTION
What happens if I got married after my Chapter 13 was confirmed?
Asked on May 05th, 2015 on Bankruptcy - Colorado
More details to this question:
I got married this past Friday May 1st. My chapter 13 bankruptcy was confirmed this past March 2015 and was completed. We just took new jobs in another state and are now living here. My bankruptcy attorney is on vacation- but his secretary is telling me the court might include my new husband’s income in my bankruptcy. How is this possible when this was not his doing? Thank you for your time.
6 ANSWERS
Real Estate Attorney serving Florence, KY
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Linda S. Novakov & Associates, PLLC
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Wait until the attorney returns from vacation. Then get the advice you seek from the licensed professional you are paying to oversee your case.
Answered on May 11th, 2015 at 5:24 AM
How would it be fair if you married someone who was disabled and needed to argue that you no longer could afford to make plan payments at all? But this is allowed, so what is sauce for the goose is sauce for the gander. Since your household income has increased and your household obligations have presumably decreased, your creditors ought to receive a higher payment because you have more money to pay them. It would be the same if you obtained a higher paying job. Frankly, you should have asked your attorney for advice before getting married. You may now need to look at other options.
Answered on May 08th, 2015 at 10:45 AM
Deborah F. Bowinski
If you filed a chapter 13 bankruptcy case then there is no possible way your plan could be completed by now. Chapter 13 plans are based upon household income. You must be sure to communicate with your lawyer regarding your changed status. Practices vary significantly from one jurisdiction to the next, and only your lawyer will be able to accurately advise you as to whether your marriage will have any effect on your (confirmed?) chapter 13 plan. Be sure to speak to him when he returns to the office!
Answered on May 08th, 2015 at 4:12 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Chapter 13 is based on household income. Since your household income has changed by the inclusion of your spouse, a modification in your Chapter 13 plan may be required. To avoid this, you need to keep your finances strictly separate from his.
Answered on May 07th, 2015 at 2:43 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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1. I don't think this is so urgent that it cannot await your own lawyer's return. 2. I would not take legal advice from anyone's secretary. If your District has a rule requiring updating your budget, and perhaps your Plan, upon a change in your circumstances, then you must comply. But I agree with you: your husband is not liable for your pre-marital debts. On the other hand, with an additional person contributing to the household income, you would have more cash available with which to pay your creditors through the Plan. And the Plan is supposed to receive virtually all your disposable income for the whole Plan period. Discuss it with your lawyer on his return. Good Luck.
Answered on May 07th, 2015 at 2:06 PM
Just keep making your monthly Chapter 13 Trustee payments. Good luck!
Answered on May 07th, 2015 at 11:14 AM