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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 11781
Experience:  JD, MBA
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I am facing a large liability claim due to the negligence of

Customer Question

I am facing a large liability claim due to the negligence of my son who is mentally ill I am engaged and would like to be married wondering if I should file bankruptcy before or after the marriage and how that might affect my fiance his assets and money
Submitted: 8 months ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 8 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

If you're considering filing for bankruptcy, then I would do so before the marriage. If you file after you are married, then your fiance's income will be part of the calculation with regard to the means test, which means you may not qualify for a Chapter 7 due to a higher income. If so, then you would be relegated to a Chapter 13, which means you must make monthly payments to a bankruptcy trustee for 3 to 5 years. If you can qualify for a Chapter 7, then no payments are required, and you can finalize your case in 4 to 5 months. As you can see, in most cases a Chapter 7 is preferable.

Also, Wisconsin is a community property state, so once you are married, new assets will become property of you both. In the bankruptcy context, that means some of your spouse's property that is considered community property would be at risk.

The bot***** *****ne is that I would likely file first if I were in your shoes.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Customer: replied 8 months ago.
Thank you for he answer, as I was told that my future husband would not be effective if we married before this was all settled.
So long as we did not comingle any of our property. Also since the incident happened before we were married and none of his assists would be touched or could be. I did ask even in Wisconsin and your co-worker stated yes that my future husband had nothing to be concerned about. Thank you setting this straight for me maybe you should correct your co worker out as well so he does not give out the incorrect information or partially incorrect information.
Expert:  TJ, Esq. replied 8 months ago.

You are quite welcome. I'm glad that I could be of help. I'm sorry that you were not given this information in the past when you inquired. While I will agree that in general, your new spouse's assets will be safe, there are circumstances (as I mentioned in my answer) where some assets could be at risk. Also, it affects your bankruptcy due to income, as I mentioned. You could end up being stuck in a Chapter 13 rather than a Chapter 7 depending on the amount of your income and your spouse's income.

Thank you for using our service, and please remember to leave positive feedback.

Expert:  TJ, Esq. replied 8 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!