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Question: I filed, THEN got married... 341 today

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    #1

    Question: I filed, THEN got married... 341 today

    Here's my situation:

    I had a relatively easy case. Just a bunch of credit card debt. A long time ago, I went to the dept of labor for unpaid wages and now the company owes me 3 grand, but they probably will never pay me.

    Anyway, that's not my problem (although the above is something I hope they don't ask about). My problem is that I filed, then got married 9 days later.

    When they ask for my name, I've changed it. Do you think this will be a problem? :/

    I'm also afraid they will ask if my income has changed, and I'm not sure what to say because MY income hasn't changed, but I am married now, so is my husband's income included in mine?

    I'm just hoping these questions aren't asked... but any insight would be appreciated. I hope my attorney gets there early to answer these questions!

    Thank you in advance...
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    #2
    Bring a copy of your marriage certificate. My wife has never used my name as I insisted she maintain her maiden name. When signing important documents she puts both last names down, hers hyphen mine. At this close time you can consider yourself as AKA. I don’t think you have a problem. Nine days into a marriage should not penalize your husband’s income either but only your lawyer will know for sure. ‘Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

    Comment

      #3
      The 341 is taped and when it's your turn to go, he asks you to state your name and address. So you will be asked about the different last name. He will ask you whether your husband works or not. The trustee asked all the people who were married that question. Definitely bring your marriage certificate.

      I don't think they consider your husbands income part of yours. You should ask your atty this.
      Filed Chapter 7: 8/13/08
      341 Meeting: 9/15/08
      Last Day To File Objections: 11/14/08
      Discharged & Closed: 11/18/08

      Comment

        #4
        Be sure to have your DL and SS card with you in addition to the marriage license. Otherwise you should be okay. Good luck and congratulations.

        Also, you will be asked if anyone owes you any money, say so. If a company owes you money that you haven't been paid, then concievably that is something that is owed to your BK estate, and the trustee may take an interest in it.
        Last edited by AngelinaCat; 09-16-2008, 09:51 AM.
        "To go bravely forward is to invite a miracle."

        "Worry is the darkroom where negatives are formed."

        Comment

          #5
          Also, make sure your lawyer puts that marraige licence copy into your case. Ours was held up for two months until we requested a reason. The clerk said we need a copy of the Marraige license. I emailed it to my lawyer and that day we were discharged. 'Hub
          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

          Comment

            #6
            Ugh. I just got back from my meeting, and I am really worried.

            The trustee seemed almost angry that I had gotten married. Everything seemed fine, he asked all the normal questions and it was super short... then 5 minutes after the meeting I realized maybe I answered something wrong...

            He asked me if my income had changed since I filed. I thought about my paycheck, and it was the same, so I said no. Then I realized... crap, I'm married! Maybe I answered incorrectly because I didn't include my husband's income?

            I feel dumb. I have had so many ups and downs with this BK that I just want it over with. Right now I am having terrible, terrible anxiety and I am so worried.

            We'll see what happens. Hopefully I can find out if I'm in the clear, or what I need to do to get this finally over with.

            Comment

              #7
              Originally posted by AngelinaCatHub View Post
              Also, make sure your lawyer puts that marraige licence copy into your case. Ours was held up for two months until we requested a reason. The clerk said we need a copy of the Marraige license. I emailed it to my lawyer and that day we were discharged. 'Hub
              Hm, he didn't ask for it, but I had it with me. Maybe he will request it (and my husband's income info... ugh) later.

              Comment

                #8
                Originally posted by Natalieee View Post
                Ugh. I just got back from my meeting, and I am really worried.

                The trustee seemed almost angry that I had gotten married. Everything seemed fine, he asked all the normal questions and it was super short... then 5 minutes after the meeting I realized maybe I answered something wrong...

                He asked me if my income had changed since I filed. I thought about my paycheck, and it was the same, so I said no. Then I realized... crap, I'm married! Maybe I answered incorrectly because I didn't include my husband's income?

                I feel dumb. I have had so many ups and downs with this BK that I just want it over with. Right now I am having terrible, terrible anxiety and I am so worried.

                We'll see what happens. Hopefully I can find out if I'm in the clear, or what I need to do to get this finally over with.

                I am no lawyer, but maybe he was ticked because you had waited until after filing to get married. It seems that if in Chapter 7, the "snapshot" of you and your debts/etc is the DAY YOU FILE, then he can't count the husband. But, like I said - I am no lawyer, so I don't know.

                There are a couple of really sharp legal eagles here who, hopefully will chime in...
                Filed Ch 7 -- July 9, 2008
                341 mtg ---- August 14, 2008
                Discharged ---- October 17, 2008
                Closed --------- December 11, 2009!

                Comment

                  #9
                  It would seem to me--and I am by no means any KIND of expert--but, your husband was NOT a participant in the creation of your debt, I would think--depending on the type of state you live in--that he wouldn't be factored into it at all.

                  This is similar to people who are married, but only ONE of them files. Now in some cases I have read that the spouse's contribution to total household expenses, MIGHT be factored in, but it depends on the state (community property, joint tenency). You really haven't been married long enough to have those types of figures yet.

                  You might want to search for some of the threads where a couple is married, but only one filing, and see what is said in those.

                  Good luck.
                  "To go bravely forward is to invite a miracle."

                  "Worry is the darkroom where negatives are formed."

                  Comment

                    #10
                    What matters is that you were single on the day you filed Ch 7. Your new husband is not involved in your filing and his income will not matter, even if you live in a community property state.

                    If you filed with a lawyer, please discuss your concerns with him/her. However, I think you'll find you have nothing to worry about. But do check, ok - that's why you have paid legal counsel.

                    By the way, did you let your lawyer know that you were getting married so close to filing?
                    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

                      #11
                      Originally posted by lrprn View Post
                      By the way, did you let your lawyer know that you were getting married so close to filing?
                      yeah, i'm in california, which is a community property state. but i did discuss this with my lawyer, and he said i could even get married the day after i filed and i'd be fine.

                      i just hope everything went ok and i answered correctly... i will be checking pacer pretty soon to see if there is any progress.

                      Comment

                        #12
                        Unless you lived together before officially getting married, the fact that you did get married between the date of filing and the 341 hearing, your husband's wages should not have anything to do with your filing.

                        Comment

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