Legal Question in Bankruptcy in Minnesota

Change In Marital Status

I filed personal chapter 13 bankruptcy in 2001 and am currently on a payment plan for another 2 1/2 years. I have been recently married and my spouse is also working. Do we need to keep our personal finances separate or are joint checking or savings accounts acceptable?


Asked on 7/19/03, 9:38 am

1 Answer from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: Change In Marital Status

Well, you don't have to; but if I were you I think I would keep them separate.

As long as you keep up the payments on the Chapter 13 plan, I don't think anyone cares what kind of account the money is coming out of. The chapter 13 does not require that you keep your finances separate.

It might, however, be a good idea to keep your finances separate just because you have had financial trouble in the past. Your husband might want to insulate himself some from that by keeping things separate. Statistically there is a high probability that your Chapter 13 will fail before you finish. If that happens, having the accounts and finances separate might be nice - it would make it harder for your creditors to get at your husband's assets.

Good luck.

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Answered on 7/23/03, 5:27 pm


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