Legal Question in Bankruptcy in New York

Chapter 13 & Separation

My husband and I have lived apart for the past 6 months. He just met with creditors on his chapter 13 earlier this month with an upcoming filing date in March. We recently started seeing each other again - we realize that he can't move back in because it would violate what he signed that said we were separated, but can we see each other without it messing up his case? Thank you.


Asked on 1/25/08, 9:59 pm

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: Chapter 13 & Separation

I'd disclose the situation first to your husband's attorney, then follow that attorney's advice as to when to disclose to the Trustee (disclosure of your renewed relationship to the Trustee would be required). My experience has been that the Trustee doesn't care much, as long as debtor's money remains demonstrably separated from ex-spouse's. Note, though, that the Trustee may keep a more careful eye than usual on debtor's money in this situation.

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Answered on 1/29/08, 8:08 am


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