Getting Married During My Bankruptcy

March 5, 2016

For those involved in a Bankruptcy, rest assured that your Bankruptcy case will not prevent you from getting married. For those involved in a Chapter 13 Bankruptcy however, your upcoming marriage may have an effect on your case.

In a Chapter 13 Bankruptcy, you are required to pay your disposable income into your bankruptcy plan in order to pay back your creditors. The calculation to determine your disposable income includes all household income. Even if you file an individual case, as opposed to a joint case with your spouse, your spouse’s income is still included as the household income. For those who get married after their case is filed, their household income may increase if their new spouse is employed. The Bankruptcy Trustee will want to review their income to see if you can afford a higher return to your creditors. While your new spouse’s credit will not be affected by your bankruptcy, their income may still come into play. However, your spouse will have their separate expenses which they were responsible for before the marriage.

If you decide to get married during your bankruptcy, congratulations! Also, discuss your situation with your bankruptcy attorney who can assist you making any necessary changes to your bankruptcy plan and make sure any changes fit inside your budget. If you are considering filing for bankruptcy please call the experienced bankruptcy lawyers at Fears Nachawati Law Firm to set up a free consultation. Call 1.866.705.7584 or send an email to fears@fnlawfirm.com.

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