QUESTION
If I file for bankruptcy to clear my pre-marital debt, how will this affect my spouse?
Asked on Mar 14th, 2013 on Bankruptcy - Delaware
More details to this question:
I recently got married but I want to file for bankruptcy. I know that not all my pre-marital debts can be cleared through bankruptcy. If I file for bankruptcy, how will this affect my spouse?
8 ANSWERS
It would only affect your new spouse if you apply for joint debt together in the future. Your filing bankruptcy really should have no effect on her credit report.
Answered on Mar 20th, 2013 at 11:15 PM
Your bankruptcy is unlikely to affect your spouse unless you jointly apply for credit in the future. However, your spouse's income may adversely affect your ability to qualify for one form of bankruptcy over another. I wish you had consulted with a bankruptcy attorney before you got married so that you would have had more options.
Answered on Mar 15th, 2013 at 11:53 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
The question you ask are fact specific and therefore you need to take the details to an attorney and seek counsel.
Answered on Mar 15th, 2013 at 11:53 AM
Bankruptcy Attorney serving Plantation, FL
at
Moffa & Breuer, PLLC
Update Your Profile
It should not affect your spouse at all UNLESS you have joint debt (mortgage, car loan, credit card)
Answered on Mar 15th, 2013 at 11:52 AM
Bankruptcy Attorney serving Phoenix, AZ
at
Law Office of D. L. Drain, P.A.
Update Your Profile
There is no way of predicting how a non-filing spouse's credit will be affected by a filing spouse. The non-filing spouse can explain to their creditors that the discharged debts are not theirs. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Answered on Mar 15th, 2013 at 10:48 AM
2 Awards
So long as you have only recently married there is no community assets or debts yet, so it should not affect your spouse. Make sure there are no accounts with your spouse's name and your name on them together.
Answered on Mar 15th, 2013 at 10:47 AM
Deborah F. Bowinski
Your spouse would not be directly affected by you filing an individual bankruptcy case. However, spouse's income must be disclosed and your eligibility for chapter 7 relief will be determined based upon your household income. Additionally, in the future if you apply for joint credit your bankruptcy filing can have an affect on the underwriting decision and interest rate for which you both may be approved. With all these considerations you should consult with a bankruptcy attorney to discuss the specifics.
Answered on Mar 15th, 2013 at 10:46 AM
Estate Planning Attorney serving Wilmington, DE
at
Reger Rizzo & Darnall, LLP
Update Your Profile
It will be on your credit so if you go for joint credit with your spouse it may affect that.
Answered on Mar 15th, 2013 at 10:46 AM