If I’m currently in year 2 of a 5 year Chapter 13, how would my marrying impact my bankruptcy?

UPDATED: Mar 20, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Mar 20, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I’m currently in year 2 of a 5 year Chapter 13, how would my marrying impact my bankruptcy?

How much should I expect my payments to go up if we get married? Would my Chapter 13 end sooner if I am paying more out of each paycheck? Would my boyfriend’s paycheck or credit be effected if we got married?

Asked on March 20, 2012 under Bankruptcy Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your boyfriend's personal paycheck and credit will not be affected by your bankruptcy. Of course, for any large expenses for which a lender would check both of your credit reports in regards to--e.g. a house--you soon-to-be husband will be affected inasmuch as your credit is damaged by the bankrutpcy. For example, if he has a credit score of 700 but you only have a 400 plus a bankruptcy, if a lender was concerned about your joint credit worthiness, they might not lend, or lend at more  unfavorable terms.

It is possible that a creditor could bring an action to adjust your plan, if they become aware of not just the marriage, but that you could afford to pay more, because of your new spouse's contribution to your expenses.

I do not believe that your bankruptcy would necessarily end faster if you could pay more per month--depending on how much of your debts (e.g. what percentage) you are paying, it may instead be the case that you would be expected to pay more money if you can afford to, not the same amount in less time.

Before marrying, you should consult with a bankrutpcy attorney in detail to determine the likely impact, and what you could do to minimize any negative consequences.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption