QUESTION
Can I marry now that my bankruptcy has been filed with court date set?
Asked on Dec 18th, 2015 on Bankruptcy - Michigan
10 ANSWERS
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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You would be obligated to mention the marriage at your creditors' meeting, & the U.S. Trustee's Office might move to force you into a Ch. 13, if a reasonable budget no longer consumes both incomes.
Answered on Jan 18th, 2016 at 10:43 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Your future spouse shouldn't be affected by your bankruptcy. So yes, you can marry.
Answered on Jan 08th, 2016 at 4:40 PM
Nothing about bankruptcy law stops you from getting married, but it sure would have helped for me to advise you if you indicated whether you were filing a Chapter 7, which will end in about 4 months, or a Chapter 13, which can take up to 5 years to complete. In Chapter 13, if your household income increases, the trustee will want you to pay more money to your creditors.
Answered on Jan 07th, 2016 at 4:59 PM
One can always get married regardless of a bankruptcy, but if it will increase your ability to repay your debts in the future, it might not be a wise choice at this time. You should speak to an attorney who will keep your discussion confidential. This is not the appropriate forum for such a discussion.
Answered on Jan 07th, 2016 at 4:59 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Well there is no prohibition in the bankruptcy laws against your getting married. In states with community property or 'marital property' laws, your wife is responsible only for debts incurred after the marriage. So marry her and be happy for many years. A 'court date' as such is not automatically set in BR cases. I assume you mean the Meeting of Creditors, which is the first and often the only time you are required to be anywhere in a BR case. It's date is not relevant to your issue only the dates of your marriage and the date you filed the BR petition.
Answered on Jan 07th, 2016 at 4:59 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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I would wait until after the 341(a) provided that this is a Chapter 7 you are asking about. If a Chapter 13, it would be much longer to wait.
Answered on Jan 07th, 2016 at 4:58 PM
Real Estate Attorney serving Florence, KY
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Linda S. Novakov & Associates, PLLC
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Of course. The debts, income and assets you listed in your petition were fixed as of the date you filed.
Answered on Jan 07th, 2016 at 4:58 PM
If you are a "belt & suspenders" type individual, I would at a minimum wait until after the Creditors' Meeting, or until you get your discharge. However, to answer your question directly, of course you are free to marry. But again, if it were me, I would wait until after my discharge.
Answered on Jan 07th, 2016 at 4:58 PM
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If you filed a chapter 7 then yes. The key date is the date of filing. If you filed a 13 then keep in mind your new spouses income may affect your plan payment.
Answered on Jan 07th, 2016 at 4:58 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If it is legal for you to marry, yes. Bankruptcy generally has nothing to do with marriage.
Answered on Jan 07th, 2016 at 4:57 PM