Getting married and filing for Ch. & w/o my husband

[wjnicki]

Hi,

I live in MD and am getting married in a month. I am going to file bankruptcy. I have about 33K that I can include in the bankruptcy. I also have about 13K in Student loans and now owe about 350.00 in taxes. I know I can not include those. The debts are all in my name. We have separate bank accounts but he has about 12k in his accounts.( he cashed out his retirement account) The questions are: Is the trustee going to come after him b/c he has money in his account if all of the debts are in my name? Also what type in information are they going to request from him when I file? (Income, amount in his accounts) I make about 50K and he works FT and makes about 12K. We also have a daughter.
I know for a family of 3 in the state of MD the median income is little over 78K.

Please help....

[familyof7]

If the money is in his account and your name is not on it they wont come after that you are not in a community property state are you?

[wjnicki]

I don't think that Maryland is a community property state.

[rilbrianne]

After you marry, your spouses income has to be listed on the forms but I'm not sure if they can/will actually take any of his. Just do it before you marry but don't rush... If you want to do this and need more time to get ready to file BK, it may be in your best interest (to save from him being included in the mess) to postpone your wedding a little.

I'm no expert, in fact, I just filed Pro Se and my meeting is Sep 20. So don't take this as advice, more of an opinion. I do know for sure though that his income has to be listed when you marry.
Good Luck!

[JRScott]

Can you delay the wedding?

I don't think that they would touch his assets.

However to play it safe it might be best to file the bk now and allow it to discharge before the wedding. That means that you'd have to allow at least 90 days after filing before the wedding.

The reason I say this is because at the 341 meeting the Trustee will ask, Has anything changed?

Marriage is a change. Which could but would not necessarily have him digging deeper....which is something you don't want.....

[rilbrianne]

I agree, well said JRScott