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JoeLawyer, Attorney
Category: Bankruptcy Law
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Experience:  Attorney in the practice of Bankruptcy Law since 1996
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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.


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