Chapter 13, Moving Out Of State, And Marriage

[Vayle]

I am divorced and live in Georgia(separated for 2 years, divorced for 4). I filed Chapter 13 in October 2009 and my wages are supposed to be garnished for 5 years. My ex-husband and I are considering remarrying(to each other).  He lives in Mississippi.  s: If I marry him, will the bankruptcy affect him, and if so, in what way?  I will have to quit my job to move to Mississippi.  Can I just pay the court trustee during the time I am unemployed, or will there be problems?  If I don't end up going back to work, can I just pay the court trustee until the 5 years is up?  Thank you.

[mabellemurphy]

First of all, if you quit your job you can't afford to pay for bankruptcy. Have you ever consult any lawyer to help you with your problem?

[Gwalchmei]

I would have to see your plan to be sure about all this so let me give you some general advice.  Once the plan is confirmed you're obligating your future income in the mo. pmt amount to pay, whether that comes from unemployment, new husband's earnings etc doesn't matter.  Now in some districts there is a requirement to report any changes to the ch 13 trustee, such as hitting the lottery for example;  if you're paying less than 100% to the unsecured creditors, the trustee would likely move to amend your plan(lottery hit);  if you are paying 100% then I don't think it matters as long as the payment stream continues.  You are free to move about the country after your 13 plan is confirmed and send payments from anywhere.  You should notify the trusee that you will be sending cashier's checks after you quit so they don't think you're going sideways on your plan.  It should not be a problem.  The trustee wants a smooth steady stream of payments however they come in to his office.  Good luck!

Lee Horner

Goldstein, Horner & Horner Attorneys

Tucson, AZ

www.freshstartAZ.info