Can we file for separation so that the trustee doesn't come after his income? 7 Answers as of August 25, 2015

I recently got married after filing chapter 13 bankruptcy 4 years ago. My husband makes more than I do and now the trustee wants to modify/increase my payments to include his income.

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Stephens Gourley & Bywater | David A. Stephens
Yes you can although that may be extreme given that you are near the end of your plan.
Answer Applies to: Nevada
Replied: 7/20/2015
Ronald K. Nims LLC | Ronald K. Nims
That would be a yes.
Answer Applies to: Ohio
Replied: 8/25/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
You certainly can trybut it sounds like it would be a fraud on the court, which is most definitely something to avoid. And which would smell fishy as can be to the Trustee. You really need an experienced BR lawyer to advise and represent you. There are (lawful) techniques which might help you reach the same goal.
Answer Applies to: Wisconsin
Replied: 7/16/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
If you live with him, his income counts. Even if you are not married. Have you looked at his separate bills as deduction?
Answer Applies to: California
Replied: 7/16/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
I am hoping that you are not proposing something that would be considered bankruptcy fraud. But it sounds like you got married without considering the legal consequences and you are now considering something that is a crime.
Answer Applies to: Nevada
Replied: 7/16/2015
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