QUESTION
Will bankruptcy affect his case or should we postpone our wedding?
Asked on May 15th, 2017 on Bankruptcy - New York
More details to this question:
My fiancé has recently filed for Chapter 7 Bankruptcy and his 341 is 3 days after our wedding date. Our invites have already been sent out. Just can't seem to get a clear answer.
7 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Chapter 7 bankruptcy doesn't affect changes in the debtor's circumstances which occur after the filing date (except in a few circumstances). Being married will not affect the bankruptcy.
Answered on Aug 09th, 2017 at 9:47 AM
Real Estate Attorney serving Florence, KY
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Linda S. Novakov & Associates, PLLC
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The petition is presented to the court as of the filing date. The 341 hearing is to determine if all of the information in the petition was accurate and to determine whether there are assets that have value that would benefit the unsecured creditors. Your wedding should have no effect on the information that was contained in the petition.
Answered on Aug 04th, 2017 at 2:10 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Generally the BR trustees are not eager to reschedule Meetings of Creditors, since notice goes out to all creditors just a few days after filing. Try calling the local office the United States Trustee and ask that they reschedule the Meeting of Creditors, and give them the reason. They might agree if you undertake to send a corrected notice to all creditors, and file an affidavit of mailing as to all the creditors. A lawyer can be a big help in a bankruptcy, just as in other areas where knowledge of the law is needed.
Answered on Aug 03rd, 2017 at 5:16 PM
Move forward with the BK.
Answered on Aug 03rd, 2017 at 5:16 PM
1 Award
If his attorney can't give you a clear answer on this, then he should get a better attorney. The court looks at household income and expenses to determine whether a person makes too much money to qualify for a chapter 7, this is true whether you are married or not. The general rule is that the court looks at the income as of the date the case is filed, but the court can look at income changes that happen shortly after the case is filed.
Answered on Aug 03rd, 2017 at 5:16 PM
No it will not affect it if you cannot make his first 341 hearing then he just needs to make the second one.
Answered on Aug 03rd, 2017 at 5:15 PM
I do not understand what you want to know. Maybe that is why you cannot get a clear answer ? no one understands your question. The 341 meeting is unlike to go on for more than 30 minutes, so he should be able to have enough time to prepare himself for the wedding.
Answered on Aug 03rd, 2017 at 5:15 PM