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One spouse in 13 other in 7

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    One spouse in 13 other in 7

    Wife's 7 just got discharged so her debt is cleared. I am only one year in my 13. Any way she can go back to work and it not affect my 13? What if we did taxes as filing separately?

    #2
    Technically that would be a change in your household and "may" affect your Chapter 13 disposable monthly income (DMI). The filing of taxes, separately would not change the fact that it is income from a marriage. If your Trustee is requiring the annual submission of tax returns they may be able to figure out that thou are filing separately and that would draw curiosity.

    Some Chapter 13 Trustees don't care about changes so long as you stay in plan. However, there are Chapter 13 Trustees that do care and a survey of trustees, some years ago, did find that trustees seek modifications of a confirmed plan in about 10% of all Chapter 13 cases.

    The only way to know for sure, is to speak with your Chapter 13 attorney. It many cases, it really depends on the district and the Chapter 13 Standing Trustee for your case.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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