Getting Married during Chapter 13 Plan

[Sham11801]

Hi all,

New to forums! Great info on here.

I read on a few websites that if you get married during your 3-5 year payment plan, this event has to be disclosed to the trustee and will adjust your disposable income accordingly resulting in an adjusted payment plan. After i spoke to my attorney (we're in NY) he said it wont affect the spouse, nor will the payment change due to this income change. Personally, i think it makes sense that the plan get reviewed after a marriage since you have more income to contribue to the plan. So im not sure if i should be doubting my attorney but i want to be 100% sure. Im not planning to get married any time soon but i've discussed it with the current girlfriend so the timeline is within the next 3 years. My filing should occur within the next 2-3 months. Thanks for the help.

[justbroke]

It depends. So long as the new spouse isn't contributing to your household... it won't affect your Monthly Income. Even if it did, the addition of a Spouse would get net you more in what you can deduct from your Gross Income (now feeding two instead of one... etc, etc.).

If your lawyer mostly deals in Bankruptcy Law, listen to them. If he's the family attorney who does Probate, Accidents, Malpractice, and an occasional Bankruptcy...

[Flamingo]

This topic has been discussed quite a bit in this forum - have you done a search?

[Sham11801]

It depends. So long as the new spouse isn't contributing to your household... it won't affect your Monthly Income. Even if it did, the addition of a Spouse would get net you more in what you can deduct from your Gross Income (now feeding two instead of one... etc, etc.).

If your lawyer mostly deals in Bankruptcy Law, listen to them. If he's the family attorney who does Probate, Accidents, Malpractice, and an occasional Bankruptcy...

Justbroke,
thanks for the info. Just kept receiving both sides of the answer when i did a search online...so ill listen to the attorney! Was going to call someone in the local area that handles bankruptcy law only (as does my attorney) but i don't suppose ill have much luck getting many answers, without retaining them first.

[Sham11801]

This topic has been discussed quite a bit in this forum - have you done a search?

Flamingo,

tried that after i joined prior to posting. All i was able to find was filing jointly, getting married after filing, etc. Nothing specific to my topic of how the payment plan maybe modified by trustee if i get married during the 3-5 year plan. If anyone else has any familiarity with these threads maybe they can point me in the direction? Thanks

[brokeNconfused]

JUSTBROKE.. is see today was confirmation.. did you make it? if so congrats.

[justbroke]

Initial Confirmation Hearing

Back from my "Initial" Confirmation Hearing. I also had a Motion before the court to do some partial plan payments (outside of a Wage Deduction Oder). My motion was granted (yipee!). Since this was the initial hearing, it was really for the judge to get a flavor for the Debtor (me). The most significant question to the Tee, was "Is he current?" I am.

They said it takes 4-5 months for Confirmation. All of my Claims aren't in anyhow, so I can see why they wait for Confirmation.

I felt very comfortable, being the only pro se person there today, with all those lawyers. My confidence. after hearing the call for all persons in the matter to enter an appearance... when I walked up to the podium was perfect as I stated, without missing a heartbeat and looking the judge straight in the eyes "Good Morning your Honor. Mr. Debtor appearing pro se". She gave me a nod.

Both the Judge and the Tee were very pleasant and realized I was pro se but also realized that I had my stuff in order. I talked to the Tee's assistant after the hearing to go over some things in the Plan. Everything is okay for them so far!