Question
Can I file for bankruptcy before I am married?
I am about to get married to someone and I am wondering if I should file for bankruptcy beforehand. I don't want to ruin my fiance's credit. What should I do?LawQA.com Answer Library
Answered By: Diefer Law Group, P.C.
Yes, you can file for bankruptcy before you marry.
Answer Applies to: California
Replied: 12/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Smalley Law Firm, LLC
Yes, you can file for bankruptcy as an individual debtor prior to or after being married.
Answer Applies to: Kansas
Replied: 12/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Kansas
Replied: 12/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: J.M. Cook, P.A.
It will not affect your fiance's credit whether you file before or after.
Answer Applies to: North Carolina
Replied: 12/27/2011
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Answer Applies to: North Carolina
Replied: 12/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Lynnmarie A. Johnson
Definitely do it before you get married. Unless you have joint credit it won't affect his credit, but his income could bounce from being able to do a Ch 7 to a 13.
Answer Applies to: Michigan
Replied: 12/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Michigan
Replied: 12/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Alfred Law Firm
You are an individual and, as such, your credit issues should not likely affect your new husband unless you have assets tied together...like a bank account that can be frozen if someone gets a judgment against you. If bankruptcy is the right option for you, your best option is to file before the wedding so that you do not enter the marriage with any debt. (Note that if you do not qualify for a chapter 7 but qualify for a chapter 13 instead, you will be paying off your debt for 3 to 5 years depending on your payment plan). You may also file individually after the marriage; but keep in mind that your husband's credit will be considered in determining whether you qualify for a chapter 7 or chapter 13 and how much you will have to pay under a chapter 13 plan.
Answer Applies to: Georgia
Replied: 12/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Georgia
Replied: 12/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Dan Wilson Bankruptcy
Probably a good idea to file BK before marriage. It is unlikely to effect your fiance's credit unless she is a co-debtor on any of your accounts.
Answer Applies to: Colorado
Replied: 12/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 12/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Lakelaw - Loop Bankruptcy
You can file bankruptcy before you are married. This is particularly important for means test purposes as your new spouse's income will be considered for means test purposes. If he/she makes a relatively large income, you might be forced into chapter 13 while you might be eligible for chapter 7 as a single person.
Answer Applies to: Illinois
Replied: 12/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Illinois
Replied: 12/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Heupel Law
You can file bankruptcy before or after you get married without affecting your future spouse.
Answer Applies to: Colorado
Replied: 12/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 12/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Susan G. Taylor
You should consult an attorney; marrying might disqualify you or make filing possible, depending on your wife's income/dependents. If you do file after marrying, it shouldn't affect your wife's credit rating, as long as you don't file jointly.
Answer Applies to: Texas
Replied: 12/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 12/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Bankruptcy Law office of Bill Rubendall
If you file bankruptcy prior to marriage it will not be a part of your spouse's credit report.
Answer Applies to: California
Replied: 12/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Bankruptcy Law Center
Short answer: Yes. Generally it is better to file bankruptcy before getting married, otherwise your new spouse's income will be included in your means test.
Answer Applies to: Colorado
Replied: 12/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 12/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Office of Darren Aronow, PC
Bankruptcy will not hurt your future wife's credit. As long as you two did not co sign for any debt, you are treated separately.
Answer Applies to: New York
Replied: 12/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 12/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Offices of Deborah Ann Stencel
If your fiance is not a co-debtor on any of your debt, your bankruptcy filing will not affect his credit whether you are married or not. Wisconsin is a community property state which means you share joint responsibility for debts incurred during the marriage. Therefore the pre-existing debt you bring to the table does not become his simply becuase you married. One issue you should be aware of is that if you are married you will be required to report your spouses income (and expenses) on your filing as your household income and expenses are examined to determine whether you can afford to pay all or a portion of your debt. Therefore, it may be advantageous to file before filing or even after filing depending on the economics of your situation now and how it will be after marriage. You should consult with an experienced bankruptcy attorney before making a final decision. Best wishes on your coming marriage!
Answer Applies to: Wisconsin
Replied: 12/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Wisconsin
Replied: 12/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Sanders Law, P.A.
You can file before or after you're married and it should not affect the non-filing person's credit as long as there are no joint debts.
Answer Applies to: Florida
Replied: 12/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Florida
Replied: 12/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Janet A. Lawson Bankruptcy Attorney
You can file before you get married or after you get married. It is not his debt. Getting married doesn't make it his. Cleaning up your problems before you get married may make more sense on a personal level. Also, that might eliminate some problems with the "means test" assuming you are not living together now.
Answer Applies to: California
Replied: 12/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Carballo Law Offices
Filing before getting married is a good idea because you do not need to include the income of your future wife in the petition and in some cases she would need to file a waiver of exemptions. Filing after getting married will not affect her credit unless you have joint debts that are not being paid. If your future wife has lots of debts and is planning to file a bankruptcy case then filing jointly will save you money (two for one) but getting married might affect the eligibility of both of your for Chapter 7 because of high income or might require greater payments in a Chapter 13 Plan if you are not eligible for Chapter 7 or need to file a Chapter 13 for another reason.
Answer Applies to: California
Replied: 12/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: THOMAS G. GILL, P.A.
Your bankruptcy will not effect your finances credit unless you have joint debt. You may want to file prior to getting married while you have separate households.
Answer Applies to: Maryland
Replied: 12/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Maryland
Replied: 12/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Stockman Law Office
It is probable that filing bankrupt before your marriage would be best. It depends on whether you are currently delinquent on your obligations and the current status of your credit. Also, it depends on when you are to be married and where you may wish to live, and if you have plans to purchase a home and when.
Answer Applies to: Florida
Replied: 12/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Florida
Replied: 12/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law offices of John P. Brooke
It really doesn't matter either way if you do it before or after you are married. You can file separately even if you are married and this would not affect your wife's credit unless she is a co-signor on the debt. For legal purposes married couples are treated as separate individuals and not as one marital unit.
Answer Applies to: New York
Replied: 12/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 12/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Michael Johnson
You should file prior to you getting married for many reasons. You should consult with an attorney.
Answer Applies to: Florida
Replied: 12/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Florida
Replied: 12/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Marc S. Stern
You can file before marriage.
Answer Applies to: Washington
Replied: 12/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Washington
Replied: 12/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Joseph A. Mannis
Filing before is not only permissible, its really advisable. Not that your future spouse should be dragged into this anyway, as she would not be filing, but filing beforehand means you don't have to worry her finances which could adversely affect your ability to file once you are married. Without question, you should do it before.
Answer Applies to: California
Replied: 12/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Offices of Kristy Qiu
It really does not make a difference. It would probably be better if you file now.
Answer Applies to: Florida
Replied: 12/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Florida
Replied: 12/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Ashman Law Office
Step one is to meet with a lawyer to determine when and if you should file, and you will probably also want to look into a prenuptial agreement.
Answer Applies to: Georgia
Replied: 12/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Georgia
Replied: 12/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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