Legal Question in Bankruptcy in Minnesota

if one is considering marriage after filling chapter 13 bankruptcy are there any possible ramifications one should be aware of, will the new spouses assets be in any kind of danger?


Asked on 9/01/11, 4:32 am

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Well, you certainly have a right to get married, and I wish you every happiness.

However, when you are in Chapter 13 you remain under the jurisdiction of the bankruptcy court, and a good deal of caution would be appropriate. Your spouse's assets could be in danger, but in an indirect sort of way. It's not so much the assets themselves, but more the effect they would have on your ability to make payments on the Chapter 13 plan. When you file a Chapter 13 you are pledging to pay all of your disposable income to the plan over whatever the period of the plan is. If your new spouse is in good financial shape, that could affect your ability to pay and you could be asked to contribute more.

This is probably not an appropriate forum for your question. You need to get back to see the attorney who set up your Chapter 13 in the first place. If you don't have a lawyer, this is a good example of why proceeding without one is a bad idea. You need a competent lawyer to consult with and go over this in full detail.

This response is for general information purposes only, is not legal advice and does not create an attorney-client relationship.

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Answered on 9/01/11, 8:00 am


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