QUESTION
If my fiancé wants to file bankruptcy, can she file solo after we are married?
Asked on Apr 29th, 2013 on Bankruptcy - Michigan
13 ANSWERS
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Yes. Please understand that 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 May 02nd, 2013 at 3:12 AM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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Absolutely.
Answered on May 01st, 2013 at 3:31 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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While yes, she can file alone, your income is still going to be looked at for the Means Test.
Answered on May 01st, 2013 at 3:30 PM
Although a wife can file bankruptcy without her husband filing as well, if you are not married now it is usually far better to file before you are married. In some instances, being married could stop her from being eligible to file Chapter 7 bankruptcy. Suggest that she see a bankruptcy attorney before you plan the big day.
Answered on May 01st, 2013 at 3:30 PM
Bankruptcy Chapter 7 Attorney serving Louisville, KY
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Thornhill & Holt, PLLC
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Yes, your fiancé can file by herself after you are married.
Answered on May 01st, 2013 at 3:29 PM
Yes, but your income will be counted once married and may affect her eligibility.
Answered on May 01st, 2013 at 12:23 AM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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Absolutely. She could file her own case if you were married 20 years.
Answered on May 01st, 2013 at 12:19 AM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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Sure, but the income of the household must be disclosed.
Answered on May 01st, 2013 at 12:04 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Yes.
Answered on Apr 30th, 2013 at 11:43 PM
Chapter 13 Bankruptcy Attorney serving Bloomington, MN
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Gregory J. Wald
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She can file bankruptcy on her own after the two of you are married. However, if she marries you before she files bankruptcy, it could affect her eligibility for a Chapter 7 bankruptcy case. If your income is high enough, she might have to file a Chapter 13 bankruptcy case. It all depends on the circumstances.
Answered on Apr 30th, 2013 at 9:52 PM
Bankruptcy Attorney serving Huntington, NY
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The Law Office of Andrew M. Doktofsky, P.C.
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Yes. There is no requirement that spouses file jointly, although they are permitted to do so. However, keep in mind that even if your fiance files by herself, once you are married, your income will be included in the calculation to determine if she qualifies for a Chapter 7 bankruptcy. This is known as the Means Test. It may be advantageous for your fiance to file for bankruptcy before getting married. She should speak to a bankruptcy attorney in order to understand what her options are.
Answered on Apr 30th, 2013 at 9:17 PM
Yes, anybody can file bankruptcy individually, regardless of whether they are married.
Answered on Apr 30th, 2013 at 9:15 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should consult with an attorney but generally, she can file individually either before or after the marriage.
Answered on Apr 30th, 2013 at 9:12 PM