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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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Newly married 10 months. Wife previously filed BK for business

Resolved Question:

Newly married 10 months. Wife previously filed BK for business and that BK has been discharged. Because of personal guarantees, she now needs to file personal BK as well. Problem is, I am told since NV is a community state, any appreciation in my assets since we have been married may be at risk. If this is true, how can we prevent this if possible, or are there asset protections measures we can put in place now before the filing of her BK.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.

I am the JustAnswer expert that will be helping you today. I am a lawyer with 25 years experience. While I am permitted to provide you with legal information, I am prohibited by 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 agree to these provisions as well as's disclaimer?

Please respond with a Yes or No to continue.
Customer: replied 7 years ago.
Yes I understand and agree. Can you please clarify with your answer if your primary practice is BK/Asset Protection?
Expert:  Ellen replied 7 years ago.

Thank you for your question. I am happy to assist you.

A husband and wife are not required to file a bankruptcy jointly. One party can file without the other. Your assets would not be affected since both the assets and the debt are premarital.

Customer: replied 7 years ago.
Thank you for your answer. I understand that we do not have to file BK together. But i own a business, and it has appreciated greatly since we were married. I was told that since NV is a community property state, the appreciated value since we were married can be argued by the Trustee as being "fair game" in her BK. Is this not true?
Expert:  Ellen replied 7 years ago.
If the appreciation in value of your business is due to your personal efforts, the appreciation is considered to be community property and therefore may be attached by the bankruptcy trustee. However if the appreciation is a result of the market and not a result of your effort, the appreciation would not be considered part of the bankruptcy estate as it would be considered separate property. Any transfers to protect property would be required to be made 2 years prior to filing bankruptcy
Ellen and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 7 years ago.
I would like to accept the answer but when I went to accept it said I only had $25 of $38, when in fact I placed $38 on hold at the time I asked the question. I will send a request to billing and if could as well. For privacy issues, I would also like the question withdrawn/marked private so that it is not available to see by others. Please ask for this on my behalf if you happen to discuss the payment with justansewer. Thank you.
Expert:  Ellen replied 7 years ago.
Thank you for letting me know. I will contact administration and request that your question be locked.
Customer: replied 7 years ago.
Please see response from customer support:

Version:1.0 StartHTML(NNN) NNN-NNNNEndHTML(NNN) NNN-NNNNStartFragment(NNN) NNN-NNNNEndFragment(NNN) NNN-NNNNStartSelection(NNN) NNN-NNNNEndSelection(NNN) NNN-NNNN Hi,

I see $38 in your account, but when I go to process the accept, I get the same message you did. I'm going to refer this to our billing department for them to straighten out, since I don't understand why this is happening.

JustAnswer Support

Ticket Details
Ticket ID: XUL-294583
Department: Reports
Priority: Normal
Status: Closed
Expert:  Ellen replied 7 years ago.
Thank you for letting me know. I have also requested that your question be locked for privacy
Customer: replied 7 years ago.
The billing department still has not corrected the issue. Customer Service confirms i have $38 in account to pay but when i go to pay, it says i only have $25 and requests authorization to charge an additional $13. Any help you can provide is greatly appreciated. Thank you.
Expert:  Ellen replied 7 years ago.
I will follow up with customer service. Thank you for checking on this.