How does remarriage affect your bankruptcy status? 15 Answers as of August 09, 2011

I remarried while under Chp. 13. My ex-husband has defaulted on the mortgage and now the house is going into foreclosure. I did not include the mortgage in my bankruptcy and now I would like to convert to a Chp. 7. Will my current husbands salary affect my conversion? This was a debt that was prior to the marriage and he doesn't contribute to me financially.

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Lake Forest Bankruptcy
Lake Forest Bankruptcy | Anerio V. Altman, Esq.
You can convert but you will have to explain, and prove, why your husband doesn't contribute to household expenses. That explanation is not accepted on its face in California because we have Community Property laws that grant you one half of his income.
Answer Applies to: California
Replied: 8/9/2011
Law Office of Michael Johnson
Law Office of Michael Johnson | Michael Johnson
Your question as a few parts 1. The mortgage that was not included, needs to be included now. 2. No you cannot convert. 3. Yes your new husband's income will effect your new bankruptcy. You may need to let the original Bankruptcy dismiss and file a new one.
Answer Applies to: Florida
Replied: 8/9/2011
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
Yes, the conversation would consider your husband's income because the court looks at your circumstances at the time of your conversation. However, you might be able to stay in your chapter 13 case. Normally, all of your debts are included in your case. So you might not believe that this debt was included but chances are that it was. You really need to contact your attorney regarding this issue.
Answer Applies to: California
Replied: 8/9/2011
Eric J. Benzer, Attorney at Law
Eric J. Benzer, Attorney at Law | Eric Benzer
Hire an attorney
Answer Applies to: Maryland
Replied: 8/9/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
When filing chapter 7 you must do a means test. The income of your husband will be considered in determining your eligibilty.
Answer Applies to: California
Replied: 8/9/2011
    Heupel Law
    Heupel Law | Kevin Heupel
    Yes, your husband's current salary is a factor in converting to a Chapter 7. Instead of converting, you might consider modifying your Chapter 13 plan to surrender the home while keeping your payments the same.
    Answer Applies to: Colorado
    Replied: 8/9/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Why was the house not included? Were you represented? You must list all debts, even if you're paying for them. You might be able to keep the house if you can make up late payments in your plan. If you convert, your husband's income will be considered, and his expenses will be, too. Please see a lawyer this time!
    Answer Applies to: Virginia
    Replied: 8/9/2011
    Kalra Law Firm
    Kalra Law Firm | Madhu Kalra
    Your spouse income should not affect your eligibility to file chapter 7, especially your debts are separate debts. However, you are obligated to disclose your spouse income and his debts on your bankruptcy. With respect to mortgage debts with ex-husband, you should amend schedule to list it and provide in your statement of intention to surrender. since, it was community debt, presuming the house was bought during marriage. It should be included and noticed. This will discharge your from your obligation to pay any mortgage debts.
    Answer Applies to: California
    Replied: 8/8/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    His income will count on the amended schedule I and J and b22 required for conversion. It going to be hard to try and prove he does not contribute to your welfare.
    Answer Applies to: California
    Replied: 8/8/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Yes your current husband's salary will directly affect your means test income qualification for converting to chapter 7.
    Answer Applies to: California
    Replied: 8/8/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Your husband's salary will be taken into consideration to determine if you are eligible to file for bankruptcy relief.
    Answer Applies to: Indiana
    Replied: 8/8/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    The mortgage was suppose to be included in your BK. You better talk to a bankruptcy attorney
    Answer Applies to: California
    Replied: 8/8/2011
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    If you are living in the same household you may not be able to have it your way and say that he does not contribute to you financially and that the debt was incurred before you were married. If you live together as H and W in the same household it will be expected that you disclose his income as well as yours to satisfy the substantial abuse challenge of a UST under 11 USC 707(b)(3).
    Answer Applies to: Michigan
    Replied: 8/8/2011
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    If you live in Nevada you are in a community property state. As such, your new spouse's income is your income and will be part of your bankruptcy. The good news is your new spouse's debts are also included.
    Answer Applies to: Nevada
    Replied: 8/8/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    If you did not include the mortgage in your case, you could be in serious legal trouble. That means you committed perjury. See a lawyer about your past pro se mistake (and yes, his income affects the conversion, if you are eligible to convert).
    Answer Applies to: Georgia
    Replied: 8/8/2011
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