QUESTION

If I file chapter 7 after getting married (I am currently single), will my filing affect my new husbands credit?

Asked on Dec 17th, 2012 on Bankruptcy - Georgia
More details to this question:
I am located in Pasco County, and unemployed, and have lost a home I owned alone in Hillsborough County that had a home equity loan attached. It was repossessed by the homeowners Association to whom I was behind in payments. Am I able to have that particular debt also forgiven?
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4 ANSWERS

Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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The answer is "yes", but I recommend you file now rather than after getting married. It does not mean his credit won't see a bleed over from yours, but it is cleaner. Please hire a competent bankruptcy attorney to help you. My best to you both on your new adventure.
Answered on Dec 20th, 2012 at 7:14 AM

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Bankruptcy Attorney serving Plantation, FL at Moffa & Breuer, PLLC
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Probably. He should check his credit report after the bankruptcy case, but he should be OK.
Answered on Dec 20th, 2012 at 4:07 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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You filing bankruptcy will not, by itself, affect your new spouse's credit. However, I would suggest you consider whether it is a sensible idea to wait to file bankruptcy until after you get married. Once you are married, you will have to include your husband's income in your Means Test and in your budget, possibly making you ineligible for Chapter 7 relief. No matter how you decide to proceed, understand that your bad credit will make it difficult to apply for new credit you wish to obtain jointly with your new spouse.
Answered on Dec 18th, 2012 at 9:17 PM

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Bankruptcy Attorney serving Buford, GA at Kenneth A. Parker, PC
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If you file a Chapter 7 case, it should not affect your husband's credit, assuming you do not currently have any joint debts. However, you may want to consider filing your Chapter 7 BEFORE you get married. While your new husband may not be affected by your Chapter 7 case, his income may affect your ability to qualify for a Chapter 7. Once you get married, your husband's income is combined with your income and considered "household" income. It is the household income that the court looks at to see if you are eligible to file a Chapter 7. Another benefit of filing a Chapter 7 before you get married is that you would come into the marriage debt free.
Answered on Dec 18th, 2012 at 9:16 PM

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