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I am engaged and have filed a Ch.13 in NC, when would be the earliest month to set for marrying without him being affected?

Raleigh, NC |
Filed under: Chapter 13 bankruptcy

I have been divorced since 2003 and could not sell my home and had to go into a short sale and sell the home for less than I owed. Short sale has just recently be approved. I don't want my new husband to be affected by my bankruptcy and affect his assets and we would like to get married but scared of the timing. Would like to know the best scenario.

Attorney Answers 4

  1. Your BK will not affect your husband's assets because, well, they're his assets and its your BK. However, while NC is not a community property state, his income may be considered to be available to you; and if the Trustee draws that conclusion, your Plan payments may increase to pay a greater percentage of your unsecured debt.

  2. I practice in Raleigh and your husband's income would definitely be considered, especially if you marry prior to filing or prior to your meeting of creditors. If you have already retained an attorney, call him/her and get advice from them. If you have not retained an attorney, feel free to call me, I will be happy to assist you. If you do not plan on retaining an attorney. please reconsider, very, very few pro se debtors can successfully navigate the treacherous waters of Ch13.

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  3. Any assets that belong to your fiance would not be included in your bankruptcy petition. That would be the same if he was your husband; what's his is his, what's yours is yours. Marriage will change the amount of household income to be reported on the bankruptcy petition (so, too, would his income if you were not married but living together). Trustees will also want to see tax returns annually throughout the life of the Chapter 13, so there's a good chance that the trustee will know if there is a great jump in household income if you go from a single-income to a double-income household. Please discuss this change of circumstance with your attorney so you have complete information when determining when you will get married.

  4. I agree with the other attorneys. Although his assets won't be affected by your bankruptcy, his income will be included in your repayment plan. If you haven't met with an attorney, you probably should to get advice on all your options going forward.

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