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dylatess
dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 4912
Experience:  36 plus years of experience specializing in bankruptcy law
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I filed BK7 today 7-3-12, it is very old debt from an old marriage...

Customer Question

I filed BK7 today 7-3-12, it is very old debt from an old marriage... 6 years ago. I am getting married this month on the 29th. My question is will it effect me getting approved? My meeting with the creditors is set for Aug 1st. My attorney suggested that a prenup before the wedding stating that we are financially separate would do the trick. Any insight would help. I want a second opinion because this is her first BK case, she normally does family law. My current income is 1,800 a month... my spouse is 8k take home around 5.
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  dylatess replied 2 years ago.
Over 34 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions.Wow. That is definitely going to be a problem as oe of the first questions you will be asked is what is your marital status. And. When you answer married, the trustee will ask you why did you not list your husband's income. Likewise a pre nup won't help. You need to dismiss the bk , postpone the wedding, file, have your hesring and then get married. Sorry to be so blunt!
Customer: replied 2 years ago.
Why wouldn't a prenup stating we are separate financially work? There was no explanation there. Also, the trustee may ask why it wasn't included but of course the answer is because I wasn't married when I filed. Also, why suggest that I dismiss my BK and postpone my wedding? That does not make since.
Customer: replied 2 years ago.
Relist: Incomplete answer.
The answer I got was incomplete. Why won't a prenup stating separate finances work? Also he stated that I should dismiss mu current filing and postpone my wedding? Why both, that seems unnecessary. He also stated that the trustee will ask why I did not include my spouses income... but why would I if I wasn't married when I filed?
Expert:  dylatess replied 2 years ago.
Per nup expresses what property you owned before marriage. Likewise, BK petition requires you to list all souces of income regardless of any pre nup. If you go forward with BK, the trustee will object to your petition and either seek a dismissal or force you into a repayment plan. As for not listing your spouse's income, if you do not file an amendment to list it, he will ask you why it was not listed. Finally, you came to his site seeking a second opinion as our attorney has little experience in BK law. And I have been filing BKs for over 34 years. So if ou want to avoid major legal consequences, I suggest you follow my advice.

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dylatess
dylatess
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36 plus years of experience specializing in bankruptcy law