Need some (non-legal) advice

[Schoolbob]

Good Morning all,

I have been pouring over posts on this forum for the last week and the information has been very helpful. I will be filing my Chapter 13 pro se within the next week and have a few questions I want to throw out to see if anyone has any advice. I appreciate, in advance, any advice that you all can provide.

My girlfriend and I are planning to get married next year. She has exceptional credit and I have, well, terrible credit. WE are wanting to combine our finances to make paying bills, etc. less cumbersome. Can we do this after I file and my plan is conirmed? Moreover, what about when we do get married, and I am in the middle of my chapter 13: will they not go after her income as long as I file m taxes seperately?

I am seriously considering giving my car back to the bank. I have not owned the car the requisite period of time to file for a cramdown. My payment is $410/month, which nearly eats up all of my DI. I make 30k less per year than I did when I bought the car. My question then is, should I give the car back after I file in order to keep my disposible income low, or should I just give it back when I file?

Lastly, Where do I put my student loans on the petition?

Again, I thank you for any advice.

[woeisme]

Are you doing this pro se? If so, good luck to you, you're braver than most. These are the things, especially the implications of getting married, that you need to discuss with a lawyer ASAP before filing.

As to the car, if you give it back, you have to tell the trustee, so it will change your disposable income anyhow. If there is any way to get a different (cheaper) car now, you might want to look into it before the BK hits the credit report.

Good luck! Hope someone else on here can help with some of the other questions. Your student loans may or may not be allowed in your CH 13 petition, that's really based on local district rules, again, a reason you really want a lawyer working with you on this.

[Schoolbob]

Thanks for the reply.

I am not aticipating putting my student loans "into the plan" but I think I still need to list them. Thus, I am trying to figure out which schedule to list them.

Thanks

[Flamingo]

I cannot help you with any "pro se" matters as I wouldn't recommend filing Chapter 13 "pro se" to anyone due to how complicated it is. However, as to the ramifactions if you get married during the course of your Plan, when you marry your wife's income will increase your household income thereby increasing the amount of your disposable income available for your creditors (even though she is not a part of your BK, her income is includable as being part of your household). Also, your BK will be on your credit reports 7 years from the date of filing and you will need to keep that in mind when/if applying for joint credit during that period of time. As to the marriage implications, I highly suggest you speak with an attorney before filing to protect yourself and your future wife.

[justbroke]

I'm a Chapter 13 pro se filer in a similar case. I've done a LOT of research on fiance's and girlfriends. (Talking about Bankruptcy related issues...)

As Flamingo wrote, getting married post-confirmation can cause your disposable income to increase. As a matter of fact, if your fiance is co-habitating with you now and contributing to expenses, then that money is technically household income. (But let's not dwell on that.)

Chapter 13 is very complex and can get extremely complex based on the number and types of creditors you have. If you aren't paying your unsecured creditors back 100%, they will scrutinize your B22C (Current Monthly Income and Disposable Income) and Form J (as will the Trustee).

Not trying to put in scare into you, but you should really get a lawyer for this. There are just so many rules and procedures that must be adhered to, it's eash for a Chapter 13 pro se filer to have their case dismissed.

I am marrying my fiance before my confirmation and told the Trustee the same. My issue is that I claim a family of 4 and without that, I would have no money and would have to move to a 1 bedroom apartment. (How's that for a shotgun wedding?)

woeisme gets it right on the car. Downsize now, before you file, if you can. Depending on how your disposable income is calculated, having a lower payment on a car actually can get more money into your pocket every month! (Based on the regional car ownership allowance!)

[Schoolbob]

I am in my second year of law school, right now (but I have not been through bankruptcy classes yet ;-) ), and I literally have done lots of research myself as well. I appreciate everyone's concern for the pro se filer, and I am going to meet with an attorney to answer some pointed questions, etc., as well as possibly retain him for other matters in realtion to responding to motions, objections, etc., but I will still probably take care of most of it myself. As it stands, I have now completed the entire petition with schedules, etc.

Here is the deal; my Chapter 13 is really simple as far as 13s go. I have no secured or priority debts other than my car, and my median income is well below the state median. The ONLY reason I am filing Chapter 13 is because my ex-wife and I had to file chapter 7 in 2002 because of our house (yeah, we got in over our heads). Thus, I am not eligible to file Chapter 7. Thus, my disposable income should be calculated using actual expenses (we will see).

It concerns me that my girlfriend could be dragged into this in any way. I have not even been living with her for a year, and like I said, she owns the house and her credit is perfect. I put down on my expenses schedule half of the household bills.

With respect to my car, she was thinking that she could let me drive her car (which is paid of) and she could go get a new one, if I wanted to give mine back to the bank. Maybe I will do that. thoughts?

I suppose the co-habitation issue is going to have to be brought to an attorney's attention.