Can the debt that I incurred before my marriage be included if we file for Chapter 7? 22 Answers as of August 31, 2015

Can I include premarital debt in my bankruptcy?

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Gleissner Law Firm, LLC | Luke Gleissner
You should include all of your debts in the bankruptcy schedules. It does not matter if they are premarital or incurred after the marriage. It does not matter if they are only owed by one of the debtors. Every single debt should be included in the bankruptcy schedules.
Answer Applies to: South Carolina
Replied: 5/6/2015
John W. Lee, P.C.
John W. Lee, P.C. | John W. Lee
Yes, when you file a joint bankruptcy with your current spouse both of you should list all current and past debts on your bankruptcy schedules.
Answer Applies to: Virginia
Replied: 5/4/2015
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
Not only can you, but you MUST include ALL debts that you owe when you file a bankruptcy case. You must include the debts you wish to keep paying on as well as the debts that you wish to discharge.
Answer Applies to: Colorado
Replied: 5/1/2015
Stephens Gourley & Bywater | David A. Stephens
That would be a yes.
Answer Applies to: Nevada
Replied: 8/31/2015
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
That would be a yes.
Answer Applies to: Colorado
Replied: 8/31/2015
    Law Office of Marlin Branstetter
    Law Office of Marlin Branstetter | Marlin Branstetter
    All debt must be listed in your bankruptcy. The debt should be discharged if it does not fall into the category of debts that are not discharged such as tax debt or student loans.
    Answer Applies to: California
    Replied: 4/30/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes, no reason why not.
    Answer Applies to: California
    Replied: 4/30/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Of course you can include debt made before you got married in your bankruptcy. In fact, bankruptcy laws require that you list all of your debt, and to fail to do so is a criminal offense.
    Answer Applies to: Nevada
    Replied: 4/30/2015
    Pearson Butler
    Pearson Butler | Jeffrey R. Butler
    You may likely be able to include premarital debt in a Chapter 7. Remember that not all debts are dischargeable, such as more recent IRS tax obligations, students loans, and other specifically identified exceptions. But premarital credit card debt, medical bills, and many other types of debt can be discharged even though you are now married and filing jointly.
    Answer Applies to: Utah
    Replied: 4/30/2015
    Cohen & Kendziorra, P.A.
    Cohen & Kendziorra, P.A. | Robert S. Cohen
    Yes, you have to include all your debt incurred prior to filing bankruptcy whether incurred individually prior to your marriage, joint during your marriage or individually during your marriage. ? Even though you may be filing jointly with your spouse, you both can include debt that is not joint with each other.
    Answer Applies to: Florida
    Replied: 4/30/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Yes. Not only are you permitted to list premarital debt, you are required to list all your debts (including those you dispute) and all your assets. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 4/30/2015
    Law Office of Barry R. Levine | Barry R. Levine, Esq.
    That would be a yes.
    Answer Applies to: Massachusetts
    Replied: 8/31/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    Yes, you certainly can. You are supposed to include all your debts regardless of whether you intend to discharge them or not.
    Answer Applies to: Oregon
    Replied: 4/30/2015
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    You can and in fact must list all debts in existence at the time your case is filed.
    Answer Applies to: California
    Replied: 4/30/2015
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    Certainly. Any debt that arose prior to the petition can be discharged so long as it doesn't fit in one of the nondischargeable categories.
    Answer Applies to: California
    Replied: 4/30/2015
    Ronald K. Nims LLC | Ronald K. Nims
    Sure, there are no restrictions on the source of your debts. Premarital, post marital, individual, joint, it's all equally dischargeable.
    Answer Applies to: Ohio
    Replied: 4/30/2015
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