Can my fiancé's creditors come after me if she files bankruptcy prior to marrying me and if so will a prenuptial agreement protect me from them? 9 Answers as of April 28, 2014

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Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
Did you co-sign any of your fiancee's credit? If so, they will come after you. Otherwise there is little risk of becoming liable post bankruptcy.
Answer Applies to: California
Replied: 4/28/2014
Steven Alpers | Steven Alpers
If she files for bankruptcy prior to marriage you are fine.
Answer Applies to: California
Replied: 4/28/2014
Patrick W. Currin, Attorney at Law | Patrick Currin
Your separate assets before marriage will be protected in any event, but the community assets (including your earnings) would be fair game for creditors. A pre-nup relates to how you and she deal with your property, but has no effect on creditors. It would be advisable for her to file and obtain her discharge before you wed. A Chapter 7 is a relatively quick process that typically is completed within 120 days.
Answer Applies to: California
Replied: 4/28/2014
Danville Law Group | Scott Jordan
Are you a co-signor for any of your fiance's debt? If not, creditor's can not go "after you" for payment. This is also true after you are married. If your fiance's debt is high, s/he should consider bankruptcy before getting married.
Answer Applies to: California
Replied: 4/28/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
No, they cannot come after you.
Answer Applies to: California
Replied: 4/28/2014
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    A pre-nuptial agreement is a contract between the two of you and has no affect on creditors, so a pre-nuptial is as good as the two parties entering into the agreement. However, if she files bankruptcy before you marry and her debts are discharged, then there is no debt to bring into the marriage in all events. If she files after you marry, your income will then be included to determine of she qualifies to file a Chapter 7, so it may be better for her to file before marriage to have this behind you first.
    Answer Applies to: California
    Replied: 4/28/2014
    Law Offices of John F. Nicholson
    Law Offices of John F. Nicholson | John F. Nicholson
    Prenuptial agreements do not protect you from third party creditors. Once you get married the creditors can come after you. If she files for bankruptcy prior to marriage and the debts are discharged they cannot come after you.
    Answer Applies to: California
    Replied: 4/28/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    Unless you co-signed the obligation or in some other way obligated yourself for the debt, no one should be able to come after you.
    Answer Applies to: California
    Replied: 4/28/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    No the cannot come after you.
    Answer Applies to: California
    Replied: 4/28/2014
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