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Ask WALLSTREETESQ Your Own Question
Category: Bankruptcy Law
Satisfied Customers: 17252
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Bankruptcy question...i am getting married in dec 2013 i am

Customer Question

Bankruptcy question...i am getting married in dec 2013 i am trying to pay off my debt...if i end up filing bankruptcy will my new husband be affected?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 4 years ago.

C.Fortunato :

Hi - my name is Chris, and I am a Bankruptcy and Consumer Protection attorney here to assist you.

C.Fortunato :

Your question is in the wrong section - it should be in the Bankruptcy Law section.

C.Fortunato :

I am sorry for the delay, but I will be able to answer your question once it is transferred to the Bankruptcy Law section.

C.Fortunato :

Until thei

C.Fortunato :

Until then, please answer the following:

C.Fortunato :

1) What state do you live in?

C.Fortunato :

2) Is your fiance liable for any of your debt, or are your debts in your name only?

Customer :

I live in Pa he lives in OH, we will be living in OH. All debt is mine and my name only.

Expert:  dylatess replied 4 years ago.

Over 35 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions.


Though you husband is not responsible for your debts incurred prior to marriage, whether you file BK could be affected if you are married. that is because, if you file BK after you get married, under the new BK laws, the petition requires that you include all income. Accordingly, if your husband is working, you must list his income and yours. And if your combined income exceeds the income limit, (about $60,000 per year for a married couple) you are not eligible to file. Therefore, you should consider filing BK BEFORE you get married.


I wish you well. Please rate my answer ok or better so that I am paid for helping you.

Customer: replied 4 years ago.

Do you know of another alternative to somehow consolidate my credit card debt. I have good credit just too much. Never late, but only paying minimum payments. (which averages about 700.00 monthly). I've tried to get a loan but they won't give me one because my credit is too extended. I would think they would rather somehow lower my payments than to force me into bankruptcy where they could get nothing?

Expert:  WALLSTREETESQ replied 4 years ago.
you can try a debt consolidation company, many are online, they would cap your interest and create a payment plan for 5 years,

most other debt companies will lower your payment, however your credit would be hurt, as they negotiate a 50% reduction of the debts.

A bankruptcy will hurt your credit score, however it will get rid of your credit card debt, your score will steadily increase over the next few years.