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Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6391
Experience:  20 years of professional experience
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Is there anything more I can do to protect my credit/income/assests

Resolved Question:

Is there anything more I can do to protect my credit/income/assests if my new husband (married 8 months) declares bankruptcy for his debts incurred prior to our marriage? Its already been suggested to divorce prior to filing and its been explained that my income would factor into determining if chapter 7 were possible for him. We do not co-mingle monies, no shared property, no shared debt, I pay all my bills, etc Is divorce the only option?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Maverick replied 6 years ago.

Welcome to Just Answer! My name isXXXXX very much enjoy what I do and I hope that you will benefit from this information.


To determine disposable income, one must calculation current monthly income (CMI) by adding and averaging a debtor's income for the six months proceeding the bankruptcy. However, a debtor's non-filing spouse's income is included only to the extent to which it is contributed "on a regular basis for the household expenses of the debtor or the debtor's dependents." 11 USC 101. Consequently, income that goes towards the sole benefit of the non-debtor spouse or some other non-family beneficiary isn't included in the CMI calculation.


So, look at your income and see what portion can be excluded from the means test calculation. If he still does not qualify for chapter 7, then he would have to go for a chapter 13 repayment plan where he will pay 3-5 years at cents on the dollar.


Since the debts were incurred prior to marriage they are his separate debts and the creditors have no right to come after your separate assets even if you are in a community property state.



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Customer: replied 6 years ago.
So just to clarify, if my husband has 40K in credit card debt prior to our marriage and 30K in vehicle loans, if he claims chapter 13 or chapter 7 this would not effect my credit score? I would not in a common property state be held responsible for paying his debt? I have received different answers on this question, What if he has continued to use his credit cards since our marriage?(again for gas for his car to drive to work, entertainment like dinners/movies, but no other contributions to the running of the household. To insure my protection is it best to get exact amount owed just prior to wedding date and claim that amount on the bankruptcy and or stop using these cards now? I dont understand fully how this works as I do not do credit cards.
Expert:  Maverick replied 6 years ago.

Since you are married and some of the debts are after marriage, it may effect your credit score and/or the BK may show up on your credit. But, you should no be held responsible for debts before your marriage.


He should close the credit card accounts asap.


Yes, you should separate the debts before and after wedding date.

Maverick and other Bankruptcy Law Specialists are ready to help you