QUESTION

My fiance is considering filing bankruptcy before my wedding. What would happen with my engagement ring that is not paid off?

Asked on Dec 19th, 2016 on Bankruptcy - Illinois
More details to this question:
Would I be able to pay it off and he can later make the monthly payments to me directly or can he agree to continue to pay that creditor for these payments after his bankruptcy? This engagement ring issue is the only thing preventing him from filing. And, he wants to do so before we get married in July 2017 so our income is not combined in his filing.
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1 ANSWER

First, the July, 2017 date may not be a true deadline.  Yes, the income would be combined on the CMI, but that is for 6 months prior.   Depending on your respective incomes and dependants, this might not pose any "legal barrier" to a BK7. However, he may wish to have a "fresh start" to begin his life with you.  The ring would need to be desclosed as a gift [on SAFA as in the possession of another person], but there is still money do on it. He should disclose the debt. The resulting equity (?) needs to be discussed' and it may be such that he can use exeptions with a listing on Schedules B. C. and D, coupled with a generic disclosure of wedding rings on those schedules with money due and protect/insulate the ring from the Trustee. The correct listing turns on the facts, which need to be truly and fully examined. There is the additional question  regarding value - has the ring appreeciated or depreciated?  This would go to the question of the Trustee's practical interest as well. The bottom line is that he should speak with a Bankruptcy attorney.  The issues of wages. budget, and there impact, if any, on a filing date can be reviewed.  The likely outcome of any filing can also be discussed.  For example, it may be that a BK7 is needed to insure you both have a "fresh start," regardless of whether orv not the ring can be exempted (i.e. protected).
Answered on Dec 21st, 2016 at 4:42 PM

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