What will happen if we get married after my fiance files chapter 13 bankruptcy? 16 Answers as of August 10, 2011

My fiance recently filed for Chapter 13 bankruptcy, and is on a repayment plan. When we marry, will my income and assets be factored into his payment plan? Will I have to list all my income and expenses? Will his bankruptcy affect my (excellent) credit? If we keep all of our financial accounts separate and file married-separate tax returns can I stay out of his mess?

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Heupel Law
Heupel Law | Kevin Heupel
No, his Chapter 13 payment plan will remain the same after your marriage and it will not affect your credit. You can even file taxes together without any negative impact. Basically, it is his premarital debt and his responsibility.
Answer Applies to: Colorado
Replied: 8/10/2011
Law Offices of John J. Ferry, Jr.
Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
His bankruptcy will not affect your credit at all. However, the marriage may affect his bankruptcy since he is normally required to give the trustee updated information on household income and expenses. While it depends on the actual household income and expenses in your case, it probably won't change his repayment plan. He needs to discuss this with his bankruptcy attorney.
Answer Applies to: Pennsylvania
Replied: 8/1/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
If his plan is "confirmed" there should be no problem. If you live together now, your income should have been factored into the plan payment already.
Answer Applies to: California
Replied: 8/1/2011
Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
His bankruptcy should have NO effect on your credit, and the marriage should have no effect on his bankruptcy.
Answer Applies to: Michigan
Replied: 8/1/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
If a person files chapter 13 bankruptcy and later marries the new spouse is not part of the case. In other words, your my income and assets be not be factored into his payment plan. You will not have to list the new income and expenses. The bankruptcy will not affect your credit, unless you jointly apply for a loan and the bankruptcy will show up. It is advisable to keep all of your financial accounts separate, although you do not have to file married-separate tax returns to stay out of the situation.
Answer Applies to: California
Replied: 7/31/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Once the plan is confirmed, subsequent changes not anticipated in the plan are immaterial. Your credit has absolutely nothing to do with his separate credit/bankruptcy.
    Answer Applies to: Indiana
    Replied: 7/31/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    First of all, see a lawyer to do a prenuptial agreement. If he filed before the marriage, your income and expenses and assets usually are not involved in his case.
    Answer Applies to: Georgia
    Replied: 7/31/2011
    Lake Forest Bankruptcy
    Lake Forest Bankruptcy | Anerio V. Altman, Esq.
    Your income technically will be factored into his case, but probably won't have an effect. Keep in mind that that will vary from district to district whether your income will, in practice, have an effect upon his case. Your income and assets cannot be drawn in, or utilized, in his case without your consent. He, not you, is technically required to list your contribution to his new household income. Again, whether it matters is district specific. His case will not affect your credit. At all. You can always stay out of it. He is the one in the case and he is the one who has to answer for the changes to his household income.
    Answer Applies to: California
    Replied: 7/30/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Talk to a bankruptcy attorney
    Answer Applies to: California
    Replied: 7/30/2011
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    What you didn't mention is whether you are employed or not. After marriage, all employment income is community property, and because community property is liable for both spouses separate debts, must be reported to the Chapter 13 trustee, who may require that the plan be amended to include the additional disposable income. However, if you are not employed then by keeping your assets separate from your new husband's you will avoid this.
    Answer Applies to: California
    Replied: 7/30/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    If he has a confirmed Chapter 13 plan, there should be no affect on you. Depending on the bankruptcy district he filed in, increased family income may affect the amount of the plan payment upward if tax returns are required to be submitted (even if filed separately, it will show he is married). But I would not commingle anything or file tax returns jointly while he is in bankruptcy.
    Answer Applies to: California
    Replied: 7/30/2011
    Eric J. Benzer, Attorney at Law
    Eric J. Benzer, Attorney at Law | Eric Benzer
    Be very careful and get independent legal advice
    Answer Applies to: Maryland
    Replied: 7/30/2011
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel Tucker
    You will be OK as long as you keep your accounts - credit, retirement and banking - separate. No cosigning, no joint accounts or property.
    Answer Applies to: Mississippi
    Replied: 7/30/2011
    Law Office of Felipe A. Malo, P.A.
    Law Office of Felipe A. Malo, P.A. | Felipe Augusto Malo
    nothing will happen
    Answer Applies to: Florida
    Replied: 7/30/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    CA is a community property state, therefore any property (or debt) acquired during marriage is community property, and property/ debt acquired prior to marriage or during marriage as a result of inheritance is considered to be separate property. Because your fiance filed for chapter 13 bankruptcy prior to your marriage to her, that makes all of her debt and income incorporated into her bankruptcy a "separate" matter from your marriage. Therefore, her bankruptcy prior to your marriage to her should not have an impact to your credit, assets, or income.
    Answer Applies to: California
    Replied: 7/30/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    When you marry, you become a community. All community income and assets get factored into a Ch 13 and all community tax returns must be filed with court during life of plan. Thank you,
    Answer Applies to: California
    Replied: 7/30/2011
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