My fiance wants to file for chapter 7 bankruptcy, will this affect me as we are not married yet?

A person may file for bankruptcy as an individual or jointly with a spouse. A joint peittion is generally filed when debts are held jointly (where both husband and wife are liable on the debt). A creditor cannot collect a debt from a person who is not liable for that debt. A person does not become liable for a debt simply by marrying a person who is liable for a debt. Likewise, a husband or wife does not become liable for a debt simply because the other partner personally became liable for a debt. Unless a person's name is on a debt - they agreed to be liable for that debt - a creditor may not collect from them. On the other hand, if debts are held jointly, and one party files for bankruptcy and receives a discharge on those debts, the other party will still be liable for the balance of that debt. If you are unsure of your own personal situation, you should consult with a local attorney who can review your finances and render you proper legal advice. Disclaimer: Nothing in this answer should be construed as legal advice, nor as creating an attorney-client relatioship. This answer is provided for informational purposes only.

No, unless you co signed loan applications or credit card applications, you are not liable for your fiancée's debt. It is probably better to let him file and complete his chapter 7 bankruptcy before you get married. After you get married, no, the creditors whose debt was discharged may not collect against you for the mere fact that you married the debtor. You marry the person, and not their debt. After you get married my recommendation is to keep your finances entirely separate and distinct without joint bank accounts or joint names on any credit card or other debt. This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.

I agree with the prior attorney, and would add that if your fiance waits until you are married to file bankruptcy your income will be taken into account to determine median income. The income can be backed out by showing your expenses, but it does become more complicated. And if he files he should certainly retain an attorney, as the bankruptcy process is fraught with landmines for the unwary. This is not legal advice and does not constitute an attorney-client relationship.

I agree with the previous answers provided. The smartest thing for you to do is consult with an attorney now, because if you are married, then the household income could have an effect on your fiance's ability to file bankruptcy. The attorney can then provide you all answers about whether your fiance is elgible to file bankruptcy now or could or should wait until you are married, as far as household income. If your fiance files bankruptcy before you are married, and you have no debts together, then it is unlikely that your credit would be effected in the future, unless you all filed a joint application for credit. But as a word of caution, we have seen credit reports incorrectly reflect that a person filed bankruptcy when their spouse had filed bankruptcy before the marriage. This is more likely to happen if you and your spouse had a joint debt prior to the marriage. If this occurs, you can and will need to contact the credit bureau in writing to dispute the incorrect listing. Disclaimer: Nothing in this answer should be construed as legal advice, nor as creating an attorney-client relatioship. This answer is provided for informational purposes only. You should consult an attorney in your area immediately.