My fiance is filing ch 7 bankruptcy but we're getting married before her debts are dicharged. Can I be excluded from the filing.

Bankruptcy and Debt 1 views 5 answers
I am not part of her debts in any shape or form. But she's filing next week and it takes like 4 weeks to finally discharge her debt here in Riverside county California. I am signing a pre-nap with her, does that help. Because I'm over the head with my own debts.

Attorney Answers

5
Malcolm Wallace RuthvenBankruptcy AttorneySan Rafael, CA ·
There is no reason for you to be included in any way in her bankruptcy since you're not currently married and you are not connected to her debts.
0 upvotes
Timothy Combs ·
Even married couples don't HAVE TO file jointly. Just let her handle her BK. Let the attorney know you she is getting married soon. She may have to indicate an anticipated increase in income. I practice in Riverside, CA as well. It doesn't take about 4 weeks...it takes about 4 months. Disclaimer: This Post does not constitute legal advice and does create an attorney-client relationship. Do not act, fail to act or otherwise rely on this post. Consult a licensed bankruptcy attorney in your jurisdiction.
0 upvotes
Ellen Lorraine PattonChapter 7 Bankruptcy AttorneyLongwood, FL ·
As long as you don't have any debt together, her bankruptcy will not impact your finances at all. The only time it could effect you would be if you go to try to get debt together after you're married. Keep the debt separate and you should be fine. Congrats on the upcoming wedding!
0 upvotes
Mitchell Goldstein ·
If you contribute to the household expenses, then your income and expenses may have to be included in her petition. If you have joint debts, then those must be listed as well and you will have sole responsibility for them. However, your individual debts and you personally will not be involved in her bankruptcy. If you have separate households, then nothing of yours will be involved. The bankruptcy is basically complete when it is filed. The rest is administration only. The only exception is for property that the debtor acquires by inheritance, life insurance or property settlement within 180 days of filing the petition. Everything else is base on the date of filing.
0 upvotes

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