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I Was in a Chapter 13 Bankruptcy and Got Married. Do I Need to Tell the Trustee? – Melissa

“Dear Lewis,

I Im at the end of my Chapter 13 & filed & reside in the state of Pa. I was a year & a half into the banktruptcy when I got married , but failed to tell the lawyer or trustee , i just assuemd there was no reason because this was filed before I knew him. I never missed a payment & am waiting for the trustee to do an audit . Am I in serious trouble ?


Dear Melissa,

It really depends on your trustee. If they do an audit, it will be to determine if your household income and expenses have changed in a positive nature. That you now have more disposable income than you did when the case was filed, so you can pay your unsecured creditors more.

But your new husband’s expenses need to be taken into consideration too. So it may turn out that you have less disposable income as a household. You may even be able to convert to chapter 7 (only if the circumstances are right – meaning I don’t know the reasons you chose chapter 13 over 7).

You should contact your attorney to go over your situation and determine if there may be a problem within chapter 13, or whether your new circumstances have opened up different options for bankruptcy.

My name is Lewis Roberts and I’m an attorney licensed in Florida and Georgia. My practice focus is consumer bankruptcy, real estate issues/closings, and mortgages. I also have Florida real estate broker and mortgage broker licenses. I am a proud member of the National Association of Consumer Bankruptcy Attorneys (NACBA), National Association of Consumer Attorneys (NACA), and a graduate of Max Gardner’s Bankruptcy Boot Camp. I enjoy helping people with decisions that impact their financial well-being.

Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.

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About the author

Lewis Roberts

Florida Consumer Protection Attorney

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