Chapter 13/remarriage 8 Answers as of March 08, 2011

If I remarry after filing chapter 13 (say, 1-2 years) and I die, will my new wife be responsible for paying off my chapter 13 obligation? How does remarrying affect bankruptcy regarding my new spouses salary?

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David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
The court can take into account significant changes in circumstances after a case is confirmed an modify the plan payments up as well as down. His/her income becomes part of the household income. Your new spouse will not become responsible for your debts. If you die, your case normally would be dismissed. Your creditors would have to file a claim against your probate estate. I am not sure if a hardship discharge is available in those circumstances.
Answer Applies to: Missouri
Replied: 3/8/2011
Law Offices of Dennis Baranowski
Law Offices of Dennis Baranowski | Dennis Baranowski
Since your debt is your separate debt which existed prior to your marriage and you are the one that filed a Chapter 13, your wife will not be responsible for completing the plan. However, depending on your existing assets at the time of your death, your estate could be responsible for payment of any debts that existed at the time. An experienced probate attorney could assist you with this issue. In response to your second question concerning your new spouses salary, there could be an impact on the Chapter 13 plan since your household income will more than likely increase as a result of the marriage. You should consult with an experienced bankruptcy attorney so he/she can review your specific circumstance.
Answer Applies to: California
Replied: 3/6/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Your new spouse is not responsible for your prior debts.
Answer Applies to: Tennessee
Replied: 3/4/2011
Gus Johnson Attorney at Law
Gus Johnson Attorney at Law | Gus Johnson
You need to consult with the attorney who did your chap 13.
Answer Applies to: South Dakota
Replied: 3/4/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Getting married does not affect your case. If you die no one has to pay off your case unless they want the property you might be paying for.
Answer Applies to: California
Replied: 3/4/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    No she will not be responsible for the bankruptcy.
    Answer Applies to: California
    Replied: 3/4/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    No, unless she was on the debt. The information provided on this website is for general information purposes only. The attorney is licensed in the State of Alabama. No answers or information on this site should be taken as legal advice for any individual case or situation. This information does not create an attorney-client relationship.
    Answer Applies to: Alabama
    Replied: 3/4/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If you die, your spouse would not inherit your debts. The debts you had prior to marriage are your separate debts and the only way that your wife would inherit the debts is if you leave an estate. Otherwise your creditors would just close the accounts.
    Answer Applies to: California
    Replied: 3/3/2011
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