Expert: Terry Leeders - 2/5/2008

Question
I recently got married in the middle of filing a Chapter 13 bankruptcy.  I am paying back 100%.  My spouse did not file with me as we had no combined debts.  We want to purchase a new home.  As long as it is based on his credit and he is the only one on the title, we will be allowed to do this, correct?  We can than refinance and add my name to the title after my case is discharged.  Is that correct?

Answer
If you are wishing to purchase the home, or wish to do so jointly, then you need court approval first.  If just your husband wishes to purchase the home, then he does not need permission.  Now, if your income/expenses change so that your chapter 13 payments are not affordable, then you would need to seek permission from the court to modify your plan based on that change.