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Chapter 13 after marriage change?

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C_DUBYA
Regular Contributor

Chapter 13 after marriage change?

hey all

 

I recently filed chapter 7 and my meeting is July 20.  My fiance and I are getting married in August and she is going to file.  She cannot do 7 as her father had his house in her name and 5 years ago she quick deeded it back to him.  I guess the limitations on that is 7 years or else they would go after that house.  So long story short she is going to file Chapter 13.  The question is, if she files Chapter 13 today with her income, etc it comes out to a realistic payment for her.  But what happens in a coupls months when we get married?

 

Does the system look at that and redo the income?  

 

Thanks for any insight.

Starting FICO8 June 2017: EQ: 514 - EX: 491 - TU: 521 Pre-BK7
Current
FICO8 March 2023: EQ: 703 - EX- 680 - TU: 671
Message 1 of 5
4 REPLIES 4
Anonymous
Not applicable

Re: Chapter 13 after marriage change?


@C_DUBYA wrote:

hey all

 

I recently filed chapter 7 and my meeting is July 20.  My fiance and I are getting married in August and she is going to file.  She cannot do 7 as her father had his house in her name and 5 years ago she quick deeded it back to him.  I guess the limitations on that is 7 years or else they would go after that house.  So long story short she is going to file Chapter 13.  The question is, if she files Chapter 13 today with her income, etc it comes out to a realistic payment for her.  But what happens in a coupls months when we get married?

 

Does the system look at that and redo the income?  

 

Thanks for any insight.


I believe the trustee can review your account at anytime.  They will also require your tax filings every year thought they might not take your refund.  If they see an increase income they might request a modification to the plan.

Message 2 of 5
Aprile421
Regular Contributor

Re: Chapter 13 after marriage change?

Once you are married it will go off joint income atleast mine did. I got married then had to file chapter 13 about 4 months after. Because I was married they used his income plus mine. The attorney told me that if I had filed before I got married I would have qualified for chapter 7 but because I had my husbands income I had to do the 13. He was not included in the 13 only his income was factored in.

Message 3 of 5
C_DUBYA
Regular Contributor

Re: Chapter 13 after marriage change?

Thanks all.  So it seems like if the trustee looks later it would show, but otherwise it wont auto change.  Thanks for input.

Starting FICO8 June 2017: EQ: 514 - EX: 491 - TU: 521 Pre-BK7
Current
FICO8 March 2023: EQ: 703 - EX- 680 - TU: 671
Message 4 of 5
Anonymous
Not applicable

Re: Chapter 13 after marriage change?


@C_DUBYA wrote:

Thanks all.  So it seems like if the trustee looks later it would show, but otherwise it wont auto change.  Thanks for input.


It might never change it all really depends on the trustee some are more strict than others.

Message 5 of 5
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