Don't know if this is a big deal or not...

[davil45]

I will be filing bankruptcy sometime in the next couple of months...I'm sure before June 12. I point that date out because I will be getting married that day. How will getting married after filing for bankruptcy affect me?

[SinkingFast]

I would suggest you keep all assets and LOC's (cars, house, CC's, etc) in your separate names.

If you don't inter mingle your finances, your BK shouldn't impact your new Bride at all. As you go along in marriage, if you do most financial things joint, after a while, your Credit Histories basically become identical. Keeping things separate, should prevent the BK from showing on your wife's Credit in any way.

[davil45]

Thanks for replying, Sinking. So just to be sure...I file bankruptcy, get married before the discharge and it shouldn't impact anything, correct? I ask only because of the marriage status, where right now I'm single and I won't be before its all over. Is this something I should disclose?
As for assets, only the car is under both our names and it will be paid in full in a few months, so we should be cool w/ that.

[debtisbad]

Sinking fast,

would it matter if this individual is married, they could take into consideration household income, thus throwing them into a chapter 13. If this individual files single (and is not married) could that put him into a 7? I was just wondering about this.

Debtisbad

[SinkingFast]

This is really a Q for a qualified BK attny. There are too many "what if's" that have to be considered. I think it will partly depend on the Law and partly on the Trustee's interpretation of the Law.

With Ch 7, the BK Estate is set the day the BK is filed. But, New Law was written to be forward looking.

This is just a guess here,.............. But, I'd think if the OP would have qualified for a Ch 7 in a "Married, Filing Separate" situation taking into account intended spouse's income, then the OP should be OK. In a "Married, Filing Separate" case, the spouse's income is included to start and then backed out later.

What happens may vary by the Court. Even tho we have one BK Law, it's applied differently in different parts of the country.

Definitely an issue to address with your attny, Davil.

[FilingOnMyOwn]

I will be filing bankruptcy sometime in the next couple of months...I'm sure before June 12. I point that date out because I will be getting married that day. How will getting married after filing for bankruptcy affect me?

You won't be 'out' of anything until 110 days after you file. And thats if its successful (it usually is). I think the most important thing is that your partner knows about everything and is comfortable with it. Besides that, your income and expenses need to remain consistent with your filing at least until your 341. If you got married and moved in together prior to the 341 and your disposable income went up, that could destroy your entire case and result in having to repay money (asset case) or even be dismissed.

[poorme]

Sorry to ask - basic question here....is your spouse-to-be aware of your situation and intended bk filing? Because you could face credit/financing challenges for a while following, he/she might be disappointed if they were unaware of the reason...not a kind thing to bring to a new marriage, especially when you need 'stuff'.

Good Luck!

[davil45]

Here is the situation...
My fiance is aware of what's coming up for me (bk). This isn't something I would hide from her. I plan to 'file' sometime in April and, going by what I've read in here, its approximately 30 days from that date for my 341 to be scheduled, thus making it in May (hopefully, anyway). Then, I'm to get married in June.
Mostly everything is under her name (utilities, etc.). We have a car that is to be paid in full in November that is under both our names. The attorney said that I have to list that as well because it IS under my name but that to keep making payments as that one we're obviously keeping.
The reason I ask about this situation is because, as some of you pointed out, I was wondering if it would affect the 'household income' element. I will be asking my attorney about this when we meet again but figured I'd ask you guys in the meantime.
We've been living together for a few years now and we have a 6-year old, so as far as getting 'stuff', everything we need we have. No plasma tv or anything, stuff is pretty dated, but still good enough. The biggest asset is the car and, like I said, it will be paid off later this year. And we weren't thinking homeownership until a few years from now.
So right now, I'm sitting on a no-asset chapter 7 case.
BTW, these are my first postings on this site but, believe me, you guys have been a tremendous help. I've just about read everything leading up to bk filing. After I officially file, I'll start reading posts related to post bk filing and so on. So, thanks everyone.
The best advice/comment ---- Look at this as a business decision. Such a simple comment made this decision much more bearable.