QUESTION
If I file for bankruptcy then get married to her, would I be liable for the debt again?
Asked on Nov 10th, 2016 on Bankruptcy - New York
More details to this question:
My girlfriend and I accrued some debt together. She is a co-signer on my auto loan and a personal loan as well on a credit card. She can file chapter 7 with me because she had previously filed and can't re-file until 2020.
6 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Bankruptcy can't make another person liable for debts. Only signing a contract, like a credit card application, can make a person liable for debts.
Answered on Jan 02nd, 2017 at 5:40 PM
Getting married does not change who is responsible for debts made before the marriage. However, debt can be collected out of joint bank accounts, so proceed with caution.
Answered on Dec 15th, 2016 at 6:59 AM
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No, you will not be liable for the debt if you later remarry. You might also consider getting married and then filing a joint chapter 13. Based on the date of her prior chapter 7, she might qualify to get a discharge in a chapter 13.
Answered on Dec 15th, 2016 at 6:59 AM
Your "girlfriend" can't file with you, only a spouse. If she incurred debt after filing, she will be liable for that debt until she can refile again (presumably in 2020). She can file a Chapter 13 and discharge the bulk of her debt, 4 years after filing a Chapter 7.
Answered on Dec 15th, 2016 at 6:58 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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In Wisconsin a girlfriend may not file a joint case with her bf, unless they are married. (Domestic partners-I'm not sure.) It would be a grave mistake to claim to be married in order to file: it would be a false statement made under oath to a court, which is a crime. Wisconsin does not recognize common law marriage. Your marrying her would not make you liable on the debt again, assuming it is discharged in your Ch. 7. Best advice: find an experienced bankruptcy lawyer. It's almost always worth the investment.
Answered on Dec 15th, 2016 at 6:58 AM
Absolutely not. Go ahead and marry her.
Answered on Dec 15th, 2016 at 6:57 AM