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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
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Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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My wife and I live in TX and filed Chap.13. They are going

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My wife and I live in TX and filed Chap.13. They are going to take the the Trustee payment out of her pay check. When my check gets large enough, can I have the Trustee start to have the payment come out of my check?

We'll probably get a divorce so when we do, is she still going to have to abide by the same Trustee rules of not being able to buy a new car and some of the other restrictions a Trustee puts on someone who files for BK?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 4 years ago.

It's up to the trustee as to whether to accept a change of payment method-- but, there's no particular reason to deny you the change.

 

As for the rules, the fact that you may divorce is irrelevant to the trustee and thecourt, unless it affects your ability to pay according to the bankruptcy plan. If you can't follow the plan, then the trustee may seek to have it dismissed which would leave you at the mercy of your creditors. If there is a substantial change to your financial circumstances, then that could give you an opportunity to obtain a hardship discharge, which is roughly the same as a Chapter 7.

 

Short answer: "yes," she must continue to follow the plan rules.

 

Hope this helps.

 

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Customer: replied 4 years ago.
"obtain a hardship discharge, which is roughly the same as a Chapter 7."

 

We tried to get a Chap 7 to begin with but were told we/she made too much money.

 

Expert:  socrateaser replied 4 years ago.

The hardship discharge occurs where financial circumstances of the debtor change during the course of the Chapter 13 plan, and there is no longer sufficient money to pay.

 

This is typical after a divorce, because the joint debors lives and finances are mangled in the divorce.

socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 33779
Experience: Attorney and Real Estate Broker -- Retired (mostly)
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