Can I get married after I file for bankruptcy? 18 Answers as of July 01, 2014

I filed my bankruptcy on 6/19 and my hearing date is set for 7/21. My fiance and I planned on getting married on 7/4/2014. Can we still get married on this date or will that jeopardize my bankruptcy going through?

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Barnhart Law Office
Barnhart Law Office | Bruce C Barnhart
You can get married. Talk to your bankruptcy attorney on how it will effect your case.
Answer Applies to: Nebraska
Replied: 7/1/2014
Ronald K. Nims LLC | Ronald K. Nims
First, congratulations and best wishes. Second, both chapter 7 and chapter 13 bankruptcy cases are evaluated by the facts as they exist on the date of filing (with some irrelevant exceptions). Since you were single on the filing date, you remain single throughout the bankruptcy proceedings. So, the marriage has no effect on the bankruptcy - with the possible exception that you may need to file a change of address notice.
Answer Applies to: Ohio
Replied: 6/26/2014
EDWARD P RUSSELL | EDWARD P RUSSELL
A marriage subsequent to the filing date will have no effect upon the bankruptcy.
Answer Applies to: Minnesota
Replied: 6/26/2014
Law Office of Peter M. Lively
Law Office of Peter M. Lively | Peter M. Lively
Yes, no restrictions on marriage after the petition date. In a Chapter 13 case postpetition income is property of the estate and absent a prenuptial agreement in a community property state such as California your spouse's income becomes your income and vise versa. This can affect your Chapter 13 Plan.
Answer Applies to: California
Replied: 6/26/2014
Idaho Bankruptcy Law | Paul Ross
It technically does not change anything. However, I prefer that individuals get married after that hearing is completed to avoid unnecessary questions and potential issues. For example, engagement rings cause all sorts of problems as they are often not listed.
Answer Applies to: Idaho
Replied: 6/26/2014
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Get married. Congratulations & good luck!
    Answer Applies to: Colorado
    Replied: 6/26/2014
    Stephens Gourley & Bywater | David A. Stephens
    You can get married.
    Answer Applies to: Nevada
    Replied: 6/26/2014
    Danville Law Group | Scott Jordan
    Of course, you can get married. However, by being married, you will need to tell the trustee that your living circumstances have changed. The trustee may want you to amend your schedules to include your spouse's income, which may change your eligibility in bankruptcy (i.e. if you are in a chapter 7, you may no longer qualify and have to convert to a chapter 13). The best advice is to wait to get married until after you obtain your discharge and the bankruptcy case is closed.
    Answer Applies to: California
    Replied: 6/26/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    You can get married at any time. Hopefully, when you filed your case you completely and honestly disclosed your household circumstances, including the household income and household expenses as they existed at the time the case was filed.
    Answer Applies to: Colorado
    Replied: 6/26/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    The bankruptcy court does not care about your personal life. As long as you were eligible to file chapter 7 on 6/19, your marriage would have no impact on your chapter 7 case. But if you are found not to be eligible for chapter 7. Being married will affect the amount you might have to pay if you are required to convert to chapter 13 in order to preserve your protection under bankruptcy which is why you should have had legal representation before you filed bankruptcy.
    Answer Applies to: Nevada
    Replied: 6/26/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Bankruptcy petition is as of the date of filing, so I would say it is safe to get married.
    Answer Applies to: New York
    Replied: 6/26/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    It would not affect it assuming that if you are living together now you disclosed his income in your paper work. You must report all income in the household.
    Answer Applies to: California
    Replied: 6/26/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    You can still get married.
    Answer Applies to: California
    Replied: 6/26/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    Assuming that you accurately completed your schedules and Statement of financial affairs, you should have no problem getting married.
    Answer Applies to: California
    Replied: 6/26/2014
    Hicks, Massey & Gardner, LLP
    Hicks, Massey & Gardner, LLP | Robert M. Gardner, Jr.
    Marriage does not automatically disqualify you from being able to proceed with the bankruptcy case. However, getting married does add to the number of people in your household, as well as your household income and expenses. These changes, especially adding your fiance's income, could change the way your case is handled, create a disposable income increase to disqualify you from chapter 7, or increase the amount you have to pay into a chapter 13 case. See your attorney to find out exactly what can happen before you actually get married.
    Answer Applies to: Georgia
    Replied: 6/26/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    As long as you are in as 7 you may get married without issue.
    Answer Applies to: Nevada
    Replied: 6/26/2014
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Yes you can get married.
    Answer Applies to: Florida
    Replied: 6/26/2014
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