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Marriage during Active Chapter 13

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    Marriage during Active Chapter 13

    My girlfriend and I have been discussing getting married in the near future. Although we would have preferred to wait a little longer, we find it necessary to do so for Healthcare Coverage, she is recently unemployed and her Health Care Coverage ended at the end of the Month (June). Because of previous health issues, she/we can not afford to have a lapse in coverage.

    With this being said, she is concerned that my BK will affect our ability to have a joint bank account (Checking/Savings) and her ability to get credit on her own. She said she read on the internet (Google Search) that we could not have joint accounts and it will affect her credit. I told her to stop using Google and think everything she reads is true (except what I find here for the great people on BK Forum). Any way I told her it was my understanding that my Chapter 13 should not impact our ability to have joint accounts or her her ability to get credit on her own (when she is back working). I did indicate that I could not be a co-signer or co-applicant for any credit without the Court's approval.

    She is scared because she went through a Chapter 13 that failed that she converted to a separate Chapter 7 during her divorce and discharged 2-1/2 years ago. I told her that although things will be tight, if we budget accordingly and spend within our means we will get through the next 4 years okay. Even so, I still feel bad that she has to go through this again but in the end she was fully aware of my situation and I gave every opportunity for her to change her mind. I must say love is truly blind as she still wants to move forward even with all the uncertainty about the future. I always tell her I can't predict the future but together we can control the present and plan for. the future.

    My one concern is that when she does get a new job and we file taxed that the Trustee will try to get more out of me. I don't want her income and child support (son going on 17 in August) to affected by my BK. I would like to know if anyone has had a similar experience of getting married during an active CH13.

    KAM
    Filed: 10/29/2011 Chapter 7
    341: Scheduled for December 19, 2011

    #2
    I don't have any advice/wisdom as I am just beginning my Ch13 journey. I did want to say Congrats on the upcoming marriage and I feel certain it will all work out wonderfully!!

    Comment


      #3
      KAM in way your marriage is a "business" decision. i find it somewhat humerus, as our getting married had solely to do with our vet benefits doubling during college if we were married. so married it was. 46 years later it wasn't a sorry move.

      there is never a good time to get married, there are always excuses LOL! but her's and yours are valid. i would say marry because you want to and also because with it brings some other type of benefit besides the obvious. if you are afraid things may effect her credit, keep them separate until the bk is over. many times one couple files while the other one doesn't and it doesn't usually effect their credit. (although, it can). but that usually happens more when the couple is already married and then files.

      my advise is marry if you love each other and your ready for the commitment, only for all the "right" reasons. best of luck to you and remember the ring means little or should, although nowadays i know it's a real big deal, i never had one and really it never reflected on how we felt for one another.
      8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

      Comment


        #4
        thanks tobee,

        I do love her and we would be marrying for all the right reasons. We were headed down the path of marriage and due to her loss of Medical Insurance we are just expediting the process. I do however feel bad that she may have to go through the lean times again after going through a divorces and chapter 7 3 years ago.

        I did contact my attorney and as always he responded in a timely manor indicating the it should not impact her finances with one the exception. They will treat us as a family and may look at her income, but as long as we can keep thing separate as you suggested and show her expenses offset her income they will most likely not ask for more of my check. Going forward, until she finds employment I will be the sole provider with the exception of her child support payments. Because I was actually negative DMI yet pushed into Chapter 13, my attorney said it may give me a window to motion for conversion back to CH7. It will not add much to my pocket each month as I am only paying $135/month (60 month plan) on $90K debt (long story) but at least it will get my finances from under the scrutiny of the Trustee and then I would be free to earn as much as I can without them just taking it.

        KAM
        Filed: 10/29/2011 Chapter 7
        341: Scheduled for December 19, 2011

        Comment


          #5
          Congratulations! May you have a long and happy life together.

          DH and I celebrated our 25th Anniversary yesterday...
          "To go bravely forward is to invite a miracle."

          "Worry is the darkroom where negatives are formed."

          Comment


            #6
            Originally posted by AngelinaCat View Post
            Congratulations! May you have a long and happy life together.



            DH and I celebrated our 25th Anniversary yesterday...
            congrats! to you and hub! well we know who's got you beat!! ii think we have known each other 46 years, married this month 42 or 43 years i think. i never remember...just a VERY long time. most people don't believe us, but then i was married at 4 ROFL!!!

            KAM: in our day we didn't even think about medical insurance or even what the future would bring. it was so irresponsible i guess. after about 8 years i remember we had an extra $30 of our income a month and decided wow, we can now afford a kid. LOL!!! how little we really knew what the future would bring. that $30 maybe would purchases 1.3 of a dvd!

            it's those lean times that really makes one enjoy and savor with more appreciation the good times. without lean times, there are no good times. best to know them both together and congrats i'm certain it will turn out great.
            8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

            Comment


              #7
              Well, after discussing our option with my attorney, we decided to proceed with getting married and file to convert to Chapter 7 after we were married. It came down to the fact that her having health insurance out weighed anything else and since we planned on getting married at some point in the not to distant future we just moved it up. As of 7/11 we are now a married couple.

              Now I start the process of converting to Chapter 7, and based on her not working my attorney feels it should be a no brainer; Hope he is right.

              KAM
              Filed: 10/29/2011 Chapter 7
              341: Scheduled for December 19, 2011

              Comment


                #8
                Update, on conversions to Chapter 7.

                Attorney file the Motion to Convert on July 26, and hearing was held yesterday 8/22. Judge approved Motion to Convert without objection . Now I wait to hear when new 341 Meeting is scheduled and hopefully 60 days after that I will be discharged.

                Also 6 weeks into marriage and things are going great.

                KAM
                Filed: 10/29/2011 Chapter 7
                341: Scheduled for December 19, 2011

                Comment

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