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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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i am getting married sep 11, 2010. and i need to file bankruptsy.

Customer Question

i am getting married sep 11, 2010. and i need to file bankruptsy. my question is that i talked to a paralegal and she told me that it's easier to file when your married, and that what they do is take everything he owns add up all the equity and divide it in half and they would have to file bankruptsy on it?! so i don't know if that is true and my even bigger question is will it hurt his credit in any way? hes got perfect credit and i don't want to mess it up with my filing..... should i wait to get married ( well signing a marriage certificate ) until i file first? thanks michelle
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 6 years ago.
Hello,

I am a lawyer with 25 years experience. While I am permitted to provide you with legal information, I am prohibited by JustAnswer.com and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open forum. Do you understand and accept these provisions as well as Justanswer.com's disclaimer?

Please respond with a Yes or No to continue.
Customer: replied 6 years ago.
yes.
Expert:  Ellen replied 6 years ago.
Are you filing a chapter 7 bankruptcy or a chapter 13 bankruptcy?
Customer: replied 6 years ago.
i was advised to file13, but not really sure which is my best option.. all my debt is mostly dr. bills and a few odd and ends... one credit card only 1000, alaska gym 500, and little stuff like that. oh and my old attorney who i owe 21,000, he messed up in court and knows and has not persued any money from me, but i still have a bill.
Expert:  Ellen replied 6 years ago.
Hello,

Typically it is better to file your bankruptcy prior to your marriage. Once you are married your husband income will be considered for purposes of qualifying for chapter 7 bankruptcy as well as for funding a chapter 13 payment plan.
Customer: replied 6 years ago.
we have 2 kids and i don't work as i was laid off, he makes about 10,000 a month before taxes. do you
" think " it is impossible for them to deny me and my big question is could this possibly hurt his credit?
Expert:  Ellen replied 6 years ago.
Hello,

In order to file a chapter 7 bankruptcy, you must pass a means test that compares your family income with the median income of the family of the same size in your state. If you are at or below the median income, you pass the means test in are eligible to file a chapter 7 bankruptcy. If you are above the median income, you must pass an additional test which compares your disposable income and unsecured debts.

The median income in Alaska for a family of 4 is $88,361.

The effect on your husband's credit will be dependent upon whether there are joint debts and/or joint assets. If there are no joint debts and no joint assets, there may be little or no effect on his credit
Customer: replied 6 years ago.
there are no joint debts or assests, but wouldn't that change once we were to get married? and what are additional test would there be as his income is over that 88,361
Expert:  Ellen replied 6 years ago.
there are no joint debts or assests, but wouldn't that change once we were to get married?
yes it would

and what are additional test would there be as his income is over that 88,361
There is a complex calculation involved that is beyond the scope of the site. You will need to have your local attorney calculate whether you qualify

Customer: replied 6 years ago.
thank you for your patience.....

so he would be resoposible for my debt?- like dr. bills they could come after him for these debts? - is that correct? and i would be responsible for the house, the truck, the camper, and all his credit cards? - which as of now are all in his name
Expert:  Ellen replied 6 years ago.
correct

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