QUESTION
When can I get married after a chapter 7 filing?
Asked on Mar 15th, 2014 on Bankruptcy - Connecticut
More details to this question:
I want to get married. The person I want to marry has assets (cash and real estate). I do not want to get married until I am 100% certain the trustee/court will not attempt to seize my new spouse's assets. At what point of the chapter 7 process can I be rest assure that we are in the clear to get married, so the trustee/courts will not consider my future spouse's assets are considered community property. Is it after the filing, discharge, or would I need to wait until the case is closed completely?
8 ANSWERS
If you are a "belt & suspenders" kind of person, wait until the case is closed. At a minimum, after you get your discharge.
Answered on Mar 18th, 2014 at 12:27 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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You can get married at any time after filing your Chapter 7 petition. Only assets that you have as of the filing date are considered in your bankruptcy (with some exceptions for winning the lottery and inheritances).
Answered on Mar 17th, 2014 at 2:16 PM
2 Awards
Your Chapter 7 only includes your own personal assets and debts. Your fiance's assets and debts are not yours, even after marriage. Their income is, but in a chapter 7 only your income at the time of filing is relevant. So you could get married at any time after filing your chapter 7.
Answered on Mar 17th, 2014 at 2:05 PM
Collections Attorney serving Anaheim, CA
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Marlin Branstetter Attorney at Law
Generally, the only property the trustee has an interest in is property of the estate at the time of filing. I see no problem with you marrying anytime after the case is filed.
Answered on Mar 17th, 2014 at 12:21 PM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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In a Chapter 7, the only thing that really matters is the date of filing. There are some exceptions for inheritances, gambling wins, and others. Marriage is not one of those. I still advise clients to wait until after the 341 Hearing to take such an action or still yet, wait for the case to close.
Answered on Mar 17th, 2014 at 12:03 PM
You could get married one day after filing, but if you want to be completely and utterly confident that your new spouse won't be affected by your bankruptcy, you can wait until you receive the discharge. Any assets that are transferred into your name after the bankruptcy is filed would show that they do not belong to the bankruptcy estate.
Answered on Mar 17th, 2014 at 12:00 PM
Deborah F. Bowinski
Your fiance's assets are not yours. However, if you are currently living together or sharing expenses that can be a factor in your filing. You may wish to hire a lawyer to assist you.
Answered on Mar 17th, 2014 at 10:23 AM
You can get married right after filing.
Answered on Mar 17th, 2014 at 9:47 AM
Information provided doesn't create an attorney/client privilege nor constitute an offer of services and is only general responses to hypotheticals