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Getting Married during Chapter 7

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    Getting Married during Chapter 7

    I declared Chapter 7 on 5/20/11, 341 meeting is on 6/23/11. I'm also engaged, but have not set a date yet. We're older and don't plan on a big celebration, so we'd like to get married as soon as it's "safe" to do so. Does anyone know when I'll be free and clear and OK to get married? He doesn't make much money, but our incomes together would put us slightly over the amount required by the means test.

    Should we wait until the case is closed (around mid-September, I think) or even some time later?

    Thanks for your help!

    #2
    Go get married. Nothing is stopping you. Life is too short.

    Des.

    Comment


      #3
      Agreed.
      I filed aug 10 ...341 in oct. We got married (11/11/10) my profile has our wedding pic....and discharged beginning of dec. We are older too. i just turned 60 and he's 77. He decided he didn't want to wait any longer (i was waiting for 11/11/11)....as Des says...life is tooo short.
      Life is soo awesome i can hardly stand it.
      I can't stop smiling and it's giving me more wrinkles.
      Last edited by oregonpilot; 06-03-2011, 08:57 PM.
      filed: 8/10 ...341:10/8/10 ... Discharged & Close: 12/9/10
      "Nothing is easy to the unwilling" Thomas Fuller

      Comment


        #4
        If you are older, why get married at all? Nothing is going to change except your tax status.

        Comment


          #5
          Originally posted by kornellred View Post
          If you are older, why get married at all? Nothing is going to change except your tax status.
          Marriage is a declaration to each other and the world of our life commitment and intention to forever live as a family, through better or worse. For those of us who value such a commitment, age is irrelevant.

          ETA: The following quote seems reason enough to marry at any age:

          Originally posted by oregonpilot View Post
          Life is soo awesome i can hardly stand it.
          I can't stop smiling and it's giving me more wrinkles.
          Last edited by LadyInTheRed; 06-05-2011, 02:24 PM.
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

          Comment


            #6
            Ahhhh LITR...so sweet. My dh says together thru RBSM.....(rain, blood, shit or mud)
            filed: 8/10 ...341:10/8/10 ... Discharged & Close: 12/9/10
            "Nothing is easy to the unwilling" Thomas Fuller

            Comment


              #7
              What about if someone files Ch 7 today, gets married in two weeks, 341 two weeks after that? Is it OK b/c single on the filing date?

              Comment


                #8
                Originally posted by North1 View Post
                What about if someone files Ch 7 today, gets married in two weeks, 341 two weeks after that? Is it OK b/c single on the filing date?
                Absolutely. Your bankruptcy estate is determined on the day you file. The only thing that can be included in your bankruptcy estate is certain death benefits, inheritances, and property from a divorce; and all within 180 days of filing.

                On the light side; if you get married and divorce in less than 6 months, then your problems are bigger than bankruptcy.
                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog

                Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                Comment


                  #9
                  Tx. How about the opposite: if a couple files C-7, then finalizes divorce prior to Discharge - same deal - OK b/c estate set at filing? Would they need BK court permission to do divorce while BK pending?

                  Comment


                    #10
                    If you are going to file bankruptcy in and around a divorce, you need both a divorce attorney and a bankruptcy attorney -- quite possibly an asset protection attorney as well. Divorces are special and what your divorce decrees grants will be honored in bankruptcy. You really need to do it correctly.
                    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                    Status: (Auto) Discharged and Closed! 5/10
                    Visit My BKForum Blog: justbroke's Blog

                    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                    Comment

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