Question

What can I expect if I file for bankruptcy after I become married?

I lost my job and have about $22,000 worth of debt. I have been thinking about filing bankruptcy for a while now. I am also recently engaged. What are the consequences if I file for bankruptcy after I get married?
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Lorene Lynn Mies, APLC
Lorene Lynn Mies, APLC | TheBankruptcyMinute.com
38975 Sky Canyon Drive Ste# 204 - Murrieta, CA 92563 | 866-703-5874
You can file separately but your new wifes income will be taken into consideration. You should see a bankruptcy attorney before you get married. Call me.

Answer Applies to: California
Replied: 8/27/2010

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: Ariano & Reppucci
That depends on whether you are going to file an individual bankruptcy while married or a joint petition with your soon to be wife. If you file an individual while married, one issue is that they could take her income into account in determining whether you qualify for Chapter 7. To discuss further please contact us.

Answer Applies to: Arizona
Replied: 8/26/2010

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 Mark J. Markus
If you live in California, there are a lot of consequences potentially. For one, you will have to include your spouse's income in the budget which may affect your eligibility to file under certain chapters. Any assets acquired by either of you post-marriage would be included and may or may not be protected (depending on their value). On the other hand, if your spouse makes significantly less money than you and has children (for example), then it may benefit you to file after you are married.

Answer Applies to: California
Replied: 8/26/2010

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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