Community Property State question

[frustrated51]

I know during Chapter 13, one is supposed to get permission from the Court to get a loan for a car or a house. However, the spouse does not sign anything. Am I really expected to control my spouse's behavior? Can the court "punish" me if my spouse does something?

[LadyInTheRed]

I'll be interested to see what people have to say about this. The hand out the trustee circulated at my 341 said that neither the debtor nor the debtor's spouse is allowed to incur debt during a chap 13 without approval. Since my husband doesn't have to consent in any way to my filing, I don't see how he can be forced to comply with a requirement of my BK. If he decides to incur debt, there is nothing I can do to stop him.

[lrprn]

A quick question first....did you file Ch 13 alone or did you file jointly with your spouse?

[frustrated51]

I filed alone, however, some of my spouse's debt was included in it because it is a community property state. My spouse did not sign any paperwork.

[forgotten]

I filed alone, however, some of my spouse's debt was included in it because it is a community property state. My spouse did not sign any paperwork.

In my opinion, since your spouse did not sign any of the BK paperwork and they did not personally receive any orders from the court telling them they are restricted from occurring debt then they can do whatever they would like. Just make sure you do not sign any loan paperwork and your name does not appear on any of it. However, I am not an attorney, I would check with yours.

[newbie2]

In my opinion, since your spouse did not sign any of the BK paperwork and they did not personally receive any orders from the court telling them they are restricted from occurring debt then they can do whatever they would like. Just make sure you do not sign any loan paperwork and your name does not appear on any of it. However, I am not an attorney, I would check with yours.

In our "handbook" it states that the no debt rule applies to everyone in the household that is supported by the debtor. It explains that this rule is in place because it could affect the timely payments by the debtor.

Is the OPs spouse supported by the OP? Will this new debt affect timely payments? Those seem to me to be the 2 questions that would need to be answered to find out whether this could affect the OPs case or not.

Edited to clarify something: In one of your earlier posts you state that 4/5 of the trustee payment is taken out of your spouses paycheck. I don't understand how it can come out of your spouses paycheck if your spouse didn't file... ?

[frustrated51]

But how can one person really control the others? The payment comes out of one check. We both use this account re: confusion. Technically that would mean an adult child living at home or in college. How can one adult really control another adult in these situations?

[lrprn]

How can one adult really control another adult in these situations?

One adult can't control the other. That's why it's important that both spouses are on board with what it takes for the one spouse who filed to survive the years in Ch 13 and emerge successfully (not to mention without any non-secured debt!). That's a big benefit to the financial health of a marriage.

Is your spouse making it impossible for you to stay within your Ch 13 financial budget plan, and that's why you are asking these questions?

[frustrated51]

No, lrprn. I am just wondering how one person is really supposed to control another. I don't see anything that would actually keep an adult who did not sign paperwork from going out from buying something on credit. What if the spouse doesn't even know the other one filed?