When can I get married after a chapter 7 filing? 15 Answers as of March 18, 2014

I want to get married. The person I want to marry has assets (cash and real estate). I do not want to get married until I am 100% certain the trustee/court will not attempt to seize my new spouse's assets. At what point of the chapter 7 process can I be rest assure that we are in the clear to get married, so the trustee/courts will not consider my future spouse's assets are considered community property. Is it after the filing, discharge, or would I need to wait until the case is closed completely?

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GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
If you are a "belt & suspenders" kind of person, wait until the case is closed. At a minimum, after you get your discharge.
Answer Applies to: Colorado
Replied: 3/18/2014
Ronald K. Nims LLC | Ronald K. Nims
You can get married at any time after filing your Chapter 7 petition. Only assets that you have as of the filing date are considered in your bankruptcy (with some exceptions for winning the lottery and inheritances).
Answer Applies to: Ohio
Replied: 3/17/2014
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
Your Chapter 7 only includes your own personal assets and debts. Your fiance's assets and debts are not yours, even after marriage. Their income is, but in a chapter 7 only your income at the time of filing is relevant. So you could get married at any time after filing your chapter 7.
Answer Applies to: Nevada
Replied: 3/17/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
If the trustee is not going after any assets, they will file a "no discovery of assets" and you are in the clear. Or you can be extra safe and wait until you get your discharge. However, generally anything that occurs after filing of the bankruptcy will not be attached, but to be safe, you can wait.
Answer Applies to: New York
Replied: 3/17/2014
Law Office of Marlin Branstetter
Law Office of Marlin Branstetter | Marlin Branstetter
Generally, the only property the trustee has an interest in is property of the estate at the time of filing. I see no problem with you marrying anytime after the case is filed.
Answer Applies to: California
Replied: 3/17/2014
    Danville Law Group | Scott Jordan
    It is after the petition is filed. But, to be safe, you should wait until after the creditor's meeting, about 30 days after the petition is filed.
    Answer Applies to: California
    Replied: 3/17/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You could get married one day after filing, but if you want to be completely and utterly confident that your new spouse won't be affected by your bankruptcy, you can wait until you receive the discharge. Any assets that are transferred into your name after the bankruptcy is filed would show that they do not belong to the bankruptcy estate.
    Answer Applies to: Nevada
    Replied: 3/17/2014
    Idaho Bankruptcy Law | Paul Ross
    In a Chapter 7, the only thing that really matters is the date of filing. There are some exceptions for inheritances, gambling wins, and others. Marriage is not one of those. I still advise clients to wait until after the 341 Hearing to take such an action or still yet, wait for the case to close.
    Answer Applies to: Idaho
    Replied: 3/17/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    His or her assets belongs to him of her, it does not matter when you get married except it changes your income profile. Wait for discharge.
    Answer Applies to: California
    Replied: 3/17/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Your fiance's assets are not yours. However, if you are currently living together or sharing expenses that can be a factor in your filing. You may wish to hire a lawyer to assist you.
    Answer Applies to: Colorado
    Replied: 3/17/2014
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    You can get married right after filing.
    Answer Applies to: Connecticut
    Replied: 3/17/2014
    Meister & McCracken Law Firm, PLLC | Joanne M. McCracken
    Because I am not familiar with the exact facts of your case, I cannot answer your question accurately. However, as a general rule, any assets you acquire after filing for bankruptcy relief are exempt from liquidation by the trusteewith an exception for inheritances. You should consult your attorney who has the facts specific to your case and can respond as the law applies to you.
    Answer Applies to: Arkansas
    Replied: 3/17/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    After the discharge.
    Answer Applies to: California
    Replied: 3/17/2014
    Law Offices of Eric W. I. Anglin
    Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
    After the date of filing should be sufficient but you may want to wait until your bankruptcy is discharged. You could execute a pre-nuptial agreement that protects your new spouse and it could be for a temporary period of time.
    Answer Applies to: Indiana
    Replied: 3/17/2014
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    Whenever you want.
    Answer Applies to: South Carolina
    Replied: 3/17/2014
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