Getting married in a Ch.13

[PhilN]

Hi Everyone,

I will be a year into my confirmed plan come this August. I want to get married in November and was wondering if that would change my case to have to include her income. I don't want her to have to be involved at all.

Also, is there anyone here who filed in the middle district of florida??? If anyone did, do you have to show your w-2's every year to the trustee??

Thank you in advance for any input.
P

[rrockinggramma]

you should check with your attorney to be sure or call the trustee's office if you no longer have an attorney. I think that would be cruel to make you amend your plan just because you got married!

[Flamingo]

If she is working and providing money to your household when you marry, unfortunately your household disposable income increases. While she will not be involved name-wise on your Plan, her income will. As rrockinggramma states, it is a cruel thing but the law has no emotion. The Trustee's job is to pay the creditors as much as possible. Your attorney can further advise you as to what may or may not occur with your Plan after your marriage and I would certainly discuss the matter with him/her in full prior to your marriage.

[fabala]

Phil,

I'm in the northern district of Florida my understanding is that we need to give a copy of our tax return each year to the Trustee. So basically, yes, you'll need to show your W-2 each year.

[PhilN]

thank you all for your input. I will be speaking to my attorney about all this.

[imbroke2]

Just a thought, maybe file separate returns until the 13 is over. Not sure if that would work, but it might help in not using your new spouse's income.

[bkdone]

And here is a question: Does your fiance know that you have filed CH. 13? You said you didnt want her involved at all, but does she know? It's important to think about the long term effects it will have on her, her credit, and your ability as a couple to gain credit and buy things. Many will counter that because she's not named in the BK it wont effect her. Many will say that unless you apply for credit together, your BK wont show up on her file. I know personally that is not true. It's not supposed to happen, but it does, and getting it fixed is next to impossible!! Just somethig to think about.

[PhilN]

And here is a question: Does your fiance know that you have filed CH. 13? You said you didnt want her involved at all, but does she know? It's important to think about the long term effects it will have on her, her credit, and your ability as a couple to gain credit and buy things. Many will counter that because she's not named in the BK it wont effect her. Many will say that unless you apply for credit together, your BK wont show up on her file. I know personally that is not true. It's not supposed to happen, but it does, and getting it fixed is next to impossible!! Just somethig to think about.

Yeah she knows about it and accepts that this was something I had to do. I talked to my attorney and he said there would be no way my 13 would show up on her credit. The debt that I incurred had nothing to do with her. It kind of sucks that we would have to put off getting into a relationship and getting married while in a 13. I want to move on with my life and put all of my bad habits and irresponsibility behind me. She has great credit, so we will be able to get by until I get through this.

[bkdone]

I wish you good luck. If you dont mind me making a recommendation though... Make sure that she checks her credit after you are married...at least quarterly just in case. I know your attorney said that there is no way that it will effect her, but that is just not true.

Before my husband I were married, we lived in an apartment together. Strange what can happen when you co-habitate. Suddenly our names became intermingled, then before long, they had his last name on my mail...my last name on his mail...etc. Then, about 3 years later, I got a letter threatening to garnish my wages because of a bill of his. His debt was on my credit report and it took over a year to prove it wasnt mine. Again...we were not even married yet.

So, I guess I'm just warning you that these things happen... And in this age of everything being computerized, it only takes one entry into a creditors computer to screw things up. Unfortunately it takes takes alot more work and headache to undo it.