Legal Question in Bankruptcy in California

if i wait to fill bk... after my wedding, does my new man become liable for my past debt and could his income be considered or prevent me form filing?


Asked on 6/25/10, 1:38 pm

1 Answer from Attorneys
Brian Whitaker Lifeline Legal, LLP

Your spouse will not be responsible for your separate debt; but, in the absence of a pre-nup, his income (community income) could be attached to pay your debt if you have not discharged it in a BK.

You should file BK before getting married, because his income will be used to determine if you qualify for Chapter 7 after you are married. You may still qualify, but there's not enough info to determine that.

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Answered on 6/25/10, 4:48 pm


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