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    Community Property State question

    I know during Chapter 13, one is supposed to get permission from the Court to get a loan for a car or a house. However, the spouse does not sign anything. Am I really expected to control my spouse's behavior? Can the court "punish" me if my spouse does something?
    Filed Chapter 13 on 3-31-10. 341 completed 5/20/10
    $2900+ a month 0% payback to unsecured creditors
    Discharged 6/30/2015

    #2
    I'll be interested to see what people have to say about this. The hand out the trustee circulated at my 341 said that neither the debtor nor the debtor's spouse is allowed to incur debt during a chap 13 without approval. Since my husband doesn't have to consent in any way to my filing, I don't see how he can be forced to comply with a requirement of my BK. If he decides to incur debt, there is nothing I can do to stop him.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

    Comment


      #3
      A quick question first....did you file Ch 13 alone or did you file jointly with your spouse?
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment


        #4
        I filed alone, however, some of my spouse's debt was included in it because it is a community property state. My spouse did not sign any paperwork.
        Last edited by frustrated51; 06-26-2011, 09:29 PM.
        Filed Chapter 13 on 3-31-10. 341 completed 5/20/10
        $2900+ a month 0% payback to unsecured creditors
        Discharged 6/30/2015

        Comment


          #5
          Originally posted by frustrated51 View Post
          I filed alone, however, some of my spouse's debt was included in it because it is a community property state. My spouse did not sign any paperwork.
          In my opinion, since your spouse did not sign any of the BK paperwork and they did not personally receive any orders from the court telling them they are restricted from occurring debt then they can do whatever they would like. Just make sure you do not sign any loan paperwork and your name does not appear on any of it. However, I am not an attorney, I would check with yours.
          Filed CH13 - 06/2009
          Confirmed - 01/2010

          Comment


            #6
            Originally posted by forgotten View Post
            In my opinion, since your spouse did not sign any of the BK paperwork and they did not personally receive any orders from the court telling them they are restricted from occurring debt then they can do whatever they would like. Just make sure you do not sign any loan paperwork and your name does not appear on any of it. However, I am not an attorney, I would check with yours.
            In our "handbook" it states that the no debt rule applies to everyone in the household that is supported by the debtor. It explains that this rule is in place because it could affect the timely payments by the debtor.

            Is the OPs spouse supported by the OP? Will this new debt affect timely payments? Those seem to me to be the 2 questions that would need to be answered to find out whether this could affect the OPs case or not.

            Edited to clarify something: In one of your earlier posts you state that 4/5 of the trustee payment is taken out of your spouses paycheck. I don't understand how it can come out of your spouses paycheck if your spouse didn't file... ?
            Last edited by newbie2; 06-27-2011, 01:21 AM.
            Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
            I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

            Comment


              #7
              But how can one person really control the others? The payment comes out of one check. We both use this account re: confusion. Technically that would mean an adult child living at home or in college. How can one adult really control another adult in these situations?
              Filed Chapter 13 on 3-31-10. 341 completed 5/20/10
              $2900+ a month 0% payback to unsecured creditors
              Discharged 6/30/2015

              Comment


                #8
                Originally posted by frustrated51 View Post
                How can one adult really control another adult in these situations?
                One adult can't control the other. That's why it's important that both spouses are on board with what it takes for the one spouse who filed to survive the years in Ch 13 and emerge successfully (not to mention without any non-secured debt!). That's a big benefit to the financial health of a marriage.

                Is your spouse making it impossible for you to stay within your Ch 13 financial budget plan, and that's why you are asking these questions?
                I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                06/01/06 - Filed Ch 13
                06/28/06 - 341 Meeting
                07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                10/05/06 - Hearing to resolve 2 trustee objections
                01/24/07 - Judge dismisses mortgage company objection
                09/27/07 - Confirmed at last!
                06/10/11 - Trustee confirms all payments made
                08/10/11 - DISCHARGED !

                10/02/11 - CASE CLOSED
                Countdown: 60 months paid, 0 months to go

                Comment


                  #9
                  No, lrprn. I am just wondering how one person is really supposed to control another. I don't see anything that would actually keep an adult who did not sign paperwork from going out from buying something on credit. What if the spouse doesn't even know the other one filed?
                  Filed Chapter 13 on 3-31-10. 341 completed 5/20/10
                  $2900+ a month 0% payback to unsecured creditors
                  Discharged 6/30/2015

                  Comment

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