Do I have to wait until totally dismissed or can I get married 3 or 4 months before dismissed and not have to change payment? 7 Answers as of October 04, 2016

I have less than a year left on my Chapter 13 and just recently engaged. When I called my attorney about getting married, was told my plan would have to be redone with his income and expenses counted in the plan.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
Your attorney is correct. Besides they are the one in the best position to advise you. If there is any question why not wait a few months?
Answer Applies to: California
Replied: 10/4/2016
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Your lawyer is correct. Some, not all, jurisdictions require plan modifications when there is a change in circumstances.
Answer Applies to: California
Replied: 10/3/2016
Ronald K. Nims LLC | Ronald K. Nims
First, run the numbers. See what the joint income and expenses are. Maybe you have to modify the plan and maybe not. If there is significant increase in disposable income, you might want to consider waiting until there are only a couple months left in the plan.
Answer Applies to: Ohio
Replied: 10/3/2016
A Fresh Start
A Fresh Start | Dorothy G Bunce
You certainly can get married if you wish but you need to understand that if your spouse is employed, his income now must be part of your budget. So if you do not mind paying more into your plan because more money is now available to pay creditors, by all means proceed with your plans. Also, understand that updating your budget will involve additional work for your attorney who will expect to be paid for performing this work. If your plan does need to be changed as a result, this will also have a significant cost.
Answer Applies to: Nevada
Replied: 10/3/2016
Patrick W. Currin, Attorney at Law | Patrick Currin
You would have to redo the plan.
Answer Applies to: California
Replied: 10/3/2016
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Your attorney is correct. If by marrying your disposable income changes then your plan will have to be revised. An alternative to this would be to do a prenuptial agreement keeping your new spouses income separate from yours.
    Answer Applies to: Nevada
    Replied: 10/3/2016
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    No that is not correct.
    Answer Applies to: Florida
    Replied: 10/3/2016
Click to View More Answers: