Chapter 13 and marriage

[Jgondron1]

I filed chapter 13 a year ago my monthly note is 1540.00 once I'm married will my spouses household income change my monthly note?

[Jgondron1]

Simple question can they take more from me because of my husband's income.

[justbroke]

Technically, yes. I would contact my attorney to find out what you may need to do. It is possible that since you have a change in household size and income, the calculations must be redone. But, to the extent that your spouse has their own bills, their income would be offset (a/k/a the "marital adjustment"). Please immediately contact your attorney. If you are in less than a 100% plan then you are required to surrender all of your "disposable monthly income" (DMI) to the care, custody, and control of the Chapter 13 Standing Trustee. Whether or not your payment will change will be based upon new calculations. Remember, your household size changed, your allowed expense for housing changes, food and clothing allowance changes, and the non-fi9ling spouse's income may be reduced by the "marital adjustment" calculation.

It's too complex to deal with online. That is why I recommend that you immediately contact your attorney. If you are required to give a copy of your annual tax return(s) to your Trustee, they will find out sooner or later.

Welcome to BKForum.

[Jgondron1]

So after thinking about what you said can I dismiss my chapter 13 and negotiate with my creditors directly.

[justbroke]

I would not just dismiss a Chapter 13 for that reason. Here's the problems:

• Creditors do not need to negotiate with you. In fact, many creditors won't negotiate with you.
• Even if you managed to negotiate with a creditor, any amount forgiven is taxable.
• Just because your household size increases and you're married, mean nothing. You (your attorney) would do a new Schedule I/J (or Means Test) to see if this impacts your plan.

Just contact your attorney and let them perform any calculations.