Will bankruptcy affect his case or should we postpone our wedding? 10 Answers as of August 09, 2017

My fiancé has recently filed for Chapter 7 Bankruptcy and his 341 is 3 days after our wedding date. Our invites have already been sent out. Just can't seem to get a clear answer.

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Ronald K. Nims LLC | Ronald K. Nims
Chapter 7 bankruptcy doesn't affect changes in the debtor's circumstances which occur after the filing date (except in a few circumstances). Being married will not affect the bankruptcy.
Answer Applies to: Ohio
Replied: 8/9/2017
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Generally, (at least here) you can get one continuance by asking the trustee.
Answer Applies to: California
Replied: 8/4/2017
Novakov & Associates, PLLC
Novakov & Associates, PLLC | LINDA S. NOVAKOV
The petition is presented to the court as of the filing date. The 341 hearing is to determine if all of the information in the petition was accurate and to determine whether there are assets that have value that would benefit the unsecured creditors. Your wedding should have no effect on the information that was contained in the petition.
Answer Applies to: Kentucky
Replied: 8/4/2017
Stephens Gourley & Bywater | David A. Stephens
Your wedding should not affect his bankruptcy. Most of the key determinations are made on the date of the filing of his petition. Thus, a marriage after that time will generally not be a problem.
Answer Applies to: Nevada
Replied: 8/4/2017
A Fresh Start
A Fresh Start | Dorothy G Bunce
I do not understand what you want to know. Maybe that is why you cannot get a clear answer ? no one understands your question. The 341 meeting is unlike to go on for more than 30 minutes, so he should be able to have enough time to prepare himself for the wedding.
Answer Applies to: Nevada
Replied: 8/3/2017
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Generally the BR trustees are not eager to reschedule Meetings of Creditors, since notice goes out to all creditors just a few days after filing. Try calling the local office the United States Trustee and ask that they reschedule the Meeting of Creditors, and give them the reason. They might agree if you undertake to send a corrected notice to all creditors, and file an affidavit of mailing as to all the creditors. A lawyer can be a big help in a bankruptcy, just as in other areas where knowledge of the law is needed.
    Answer Applies to: Wisconsin
    Replied: 8/3/2017
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Move forward with the BK.
    Answer Applies to: Colorado
    Replied: 8/3/2017
    OlsenDaines | Rex Daines
    If his attorney can't give you a clear answer on this, then he should get a better attorney. The court looks at household income and expenses to determine whether a person makes too much money to qualify for a chapter 7, this is true whether you are married or not. The general rule is that the court looks at the income as of the date the case is filed, but the court can look at income changes that happen shortly after the case is filed.
    Answer Applies to: Oregon
    Replied: 8/3/2017
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    No it will not affect it if you cannot make his first 341 hearing then he just needs to make the second one.
    Answer Applies to: New York
    Replied: 8/3/2017
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    It should not affect the bankruptcy "means test," as that is based on his income for the 6 full calendar months prior to the filing of the bankruptcy. But if your income combined with his would cause your household to have sufficient income to pay a significant part of his debt, and the U.S. Trustee's Office learned of the wedding, it's possible that they could object to him receiving a chapter 7 discharge under a different subsection of the Bankruptcy Code. There is controlling legal precedent that says the court can consider changes to your husband's finances all the way up until the date that he receives his discharge. So to be cautious, it would be safest to postpone.
    Answer Applies to: Texas
    Replied: 8/3/2017
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