His credit should not be affected by your bankruptcy, whether you file it before or after you are married. Though bankruptcy law should make your filing easier as a single person.

Answer Applies to: Michigan
Replied: 9/6/2011

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.

I like your thinking. So long as none of the debt is his there should be no effect on your fiance's credit. However, I have seen so many marriages wrecked by debt that I urge you and your spouse to avoid credit. If you cannot pay cash don't buy it. A Chapter 7 BK takes about six months. A Chapter 13 takes 3 or 5 years.

Answer Applies to: Colorado
Replied: 8/31/2011

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.

Generally no, your fiance will not be affected. However, if you use both your credit to get a loan then your bankruptcy will have a negative impact on both of you getting the loan.

Answer Applies to: Washington
Replied: 8/30/2011

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.

The bankruptcy process varies in time depending on type of bankruptcy. A Chapter 7 usually lasts 5-6 months while a Chapter 13 usually lasts 5 years (up to 60 months and no longer). If you file while single, you would only list your debts unless you already have joint debts with your fiance. Your bankruptcy could eventually end up as an item on your future spouse's credit report, but should not affect his score. If you are applying for credit together, obviously, your credit-worthiness would be an issue. If married, the spouse's income becomes a part of the means test. Sometimes it hurts, sometimes it helps.

Answer Applies to: New Jersey
Replied: 8/29/2011

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.

Yes. As long as you file before you are married, then none of his information will come into play. The only way that his credit could be affected is if you have any joint credit accounts together. Once you are married, his income will need to be included in preparing the bankruptcy paperwork and if he is a high income earner, it could affect your eligibility to file a chapter 7 bankruptcy. The process, once the case if filed with the court is three months. As long as you are not married when the case is filed, it doesn't matter how long after the case is filed you are married.

Answer Applies to: Massachusetts
Replied: 8/29/2011

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.

Applies to Colorado bankruptcy only: It is generally better to file for bankruptcy before you get married, but not because it will protect your fiance's accounts or credit. If you marry before filing bankruptcy, your fiance's income will be included in the means test and this could cause very significant problems with your bankruptcy.

Answer Applies to: Colorado
Replied: 8/29/2011

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.

Your filing of a bankruptcy ought not affect the credit of a fiance.

Answer Applies to: Michigan
Replied: 8/29/2011

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.

You can file for bankruptcy before you get married, and that is probably advisable. Your spouse's assets or debts won't be effected in any way. However, if you live together, your fiance's income may be used in parts of your bankruptcy petition. I'd recommend scheduling an appointment with a bankruptcy attorney who offers free consultations in your area.

Answer Applies to: Oregon
Replied: 8/28/2011

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.

If you file a bankruptcy it will not affect your spouse's credit. However, if you file a joint credit application the bankruptcy will show up.

Answer Applies to: California
Replied: 8/27/2011

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.

You can file before marrying and it will have no effect on his credit. A Chapter 7 takes 90-120 to receive your discharge but it is all dependant on the date of filing, so if you need to file bankruptcy its important to begin as soon as you are able.

Answer Applies to: Utah
Replied: 8/27/2011

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.

I don't think it makes any difference to your fiance's credit if you file bankruptcy before or after the marriage. However, by marrying your fiance, you might make yourself ineligible to file a Chapter 7 Bankruptcy at all. That is because, after marriage, his income is attributed to you, even if he does not file. Yes, I know that's weird, but true. If his income, added to yours, is over the "means test" for Chapter 7 Bankruptcy, you will be locked out. Your only option would be to file a 5 year Chapter 13 repayment plan at 0% interest. That's not an awful alternative, but you may prefer a Chapter 7 where your debts are fully discharged. So go see an attorney now and see if your fiance's income makes a difference. By the way, spouses get a big discount on fees in Chapter 7. It usually only costs $100.00 extra for the spouse to ride along in a Chapter 7 Bankruptcy. So ask about that also. If your fiance has any serious amount of debt, now may be the time to marry you and file a joint Bankruptcy. If you file before or after bankruptcy, your spouse's credit score will not be affected by your bankruptcy. However, the fact that only one of you has good credit will limit your economic clout, because you can not join together on a mortgage note, for instance. Your own credit should make a substantial recovery 1 year after your bankruptcy. After 2-3 years the effect of a bankruptcy on your credit in not very much. But, yes a bankruptcy does stay on your credit for 10 years.

Answer Applies to: Ohio
Replied: 8/27/2011

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.

Bankruptcy only affects the credit score of the person filing. If you and your fiance have joint credit cards, those will need to be paid to protect your fiance's credit.

Answer Applies to: New Hampshire
Replied: 8/27/2011

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.

You can file before or after the marriage without affecting your spouse's credit. However, you may not qualify after you get married since bankruptcy eligibility is based on income and family size.

Answer Applies to: Colorado
Replied: 8/27/2011

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.

Even after you get married you can file a bankruptcy yourself and as long as you don't have joint debt it will no effect your spouse. The only difference is the your spouses income will count if you file after marriage. A bankruptcy can be filed in a couple of days. You should consult with an attorney.

Answer Applies to: Florida
Replied: 8/27/2011

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.

First, if you file before, the fiance will not be affected. Secondly, even if you filed after, that would still be better than not filing since youd have collections and possibly judgments on your record. Which brings us back to the first part, which is yes, you should for these reasons file now!

Answer Applies to: California
Replied: 8/26/2011

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.

His credit would not be affected, but any attempt to obtain credit using your income or renting an apartment will result in the bankruptcy affecting the ability to get credit or rent.

Answer Applies to: California
Replied: 8/26/2011

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.

There may not be an impact after marriage either. A lawyer will have to look at your specific facts to know if you'd have any impact, and if so, when and how to file.

Answer Applies to: Georgia
Replied: 8/26/2011

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.

Good idea to file now. Ch. 7 only takes about 90 days. His credit won't be touchec.

Answer Applies to: Virginia
Replied: 8/26/2011

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.