Can the man who filed Chapter 7 as a single man marries and the new spouse’s income not be considered regarding the Chapter 7? 11 Answers as of April 15, 2014

Chapter 7 was filed as a single man. Most debts were reaffirmed. Discharge and final report is complete. The case is 8-month post final report and not closed.

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EDWARD P RUSSELL | EDWARD P RUSSELL
Once there is discharge the case should be closed unless there is an exemption of assets issue.? The person filing being single at the date of the filing means that only his or her income is stated in Schedule I.
Answer Applies to: Minnesota
Replied: 4/15/2014
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
The Date-Of-Filing is what governs.
Answer Applies to: Colorado
Replied: 4/14/2014
Law Offices of Linda Rose Fessler | Linda Fessler
There is no good reason why it is not closed. You should check on it.
Answer Applies to: California
Replied: 4/10/2014
Law Offices of Eric W. I. Anglin
Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
Chapter 7 Schedules I & J are based on income and expenses at the time of filing. If debtor and new wife were living together at the time of filing and debtor included her expenses on Schedule J, then he would need to include her income on Schedule I as she contributes it to the household and she would need to include it on the Chapter 7 Means Test as income as part of "regular contributions to the household". If her expenses were not included on Schedule J and her income on Schedule I, then his subsequent marriage should have no impact on his bankruptcy.
Answer Applies to: Indiana
Replied: 4/9/2014
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
If you filed single then new wife's income cannot come into play.
Answer Applies to: Nevada
Replied: 4/9/2014
    Idaho Bankruptcy Law | Paul Ross
    All that really matters in a Chapter 7 is the date of filing. There are some exceptions, but marriage is not one of them. There should not be issues with marriage 8-10 months after filing.
    Answer Applies to: Idaho
    Replied: 4/9/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    Your new spouse's income should not be relevant to your Chapter 7 unless a significant portion of your debts were incurred on your new spouse's behalf. If the case has not been closed yet, it sounds like the trustee has determined that there are assets to recover for the benefit of your creditors. If there were debts incurred on your new spouse's behalf prior to the bankruptcy, you should confer with an attorney as to your obligation to disclose those facts to the trustee.
    Answer Applies to: Oregon
    Replied: 4/9/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You need to see why it has not closed. That is a significant problem. Technically you can get married post discharge, BUT if you need to convert to another chapter (for issues related to the case still being open) her income will be a problem.
    Answer Applies to: California
    Replied: 4/9/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You should call clerks office or trustee and ask.
    Answer Applies to: New York
    Replied: 4/9/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    Your marriage post-filing should have no effect on your bankruptcy.
    Answer Applies to: California
    Replied: 4/9/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Once the bankruptcy is filed, the financial information that existed at the time of filing is set in stone. There is no need to make any changes if someone gets married, finds a better job, etc. The only concern is if there is a death in the family within 6 months of filing bankruptcy that results in an inheritance.
    Answer Applies to: Nevada
    Replied: 4/9/2014
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