How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JoeLawyer Your Own Question
JoeLawyer
JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience:  Attorney in the practice of Bankruptcy Law since 1996
2990824
Type Your Bankruptcy Law Question Here...
JoeLawyer is online now
A new question is answered every 9 seconds

i am planning on getting remarried soon. my

Resolved Question:

i am planning on getting remarried soon. my question is i will be filing bankruptcy and what effect would that have on his assets?would the court be able to attach my bankruptcy onto him since i have nothing?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  JoeLawyer replied 8 years ago.

Hi Jan:

Generally speaking, bankruptcy does not affect a non-bankruptcy-filing spouse. The bankruptcy only shows up on the person's credit report who filed, not their spouse's, and does not involve the spouse's assets unless that spouse puts the person who filed bankruptcy's name on their assets.

However, the fact that one is married can affect one's ability to file bankruptcy since, even though the non-filing spouse is not involved, his or her income must still be considered since whether a person can file Chapter 7, and if not, how much they have to pay into a Chapter 13 Plan, is dependent on the total household income.

For this reason, many people often choose to file bankruptcy before they get married if their spouse's income will negatively affect his or her ability to file an individual bankruptcy.

I suggest you consult with a bankruptcy attorney in your area before you do anything. Many attorneys offer free consultations, and a little bit of information now can go a long way later.

I hope this helps and a positive feedback is always appreciated if this was useful to you.

Joe

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above (c) by Joseph Ross, all rights reserved.

 

JoeLawyer and other Bankruptcy Law Specialists are ready to help you

Related Bankruptcy Law Questions