You are here:
- Home
- Business
- Corporate Law
- Bankruptcy Law
- L.A. BK lawyers takes on love and marrage: Can my fiance file bancruptcy after marriage?
Bankruptcy Law/L.A. BK lawyers takes on love and marrage: Can my fiance file bancruptcy after marriage?
Advertisement
Question
My fiance and I are getting married next month. He has been told this is not enough time to file himself. Can he still file after we are married without it affecting my assets and loans? I own and am making payments on a house and car, and own another vehicle outright. I also have ROTH IRA and mutual fund investments. We live in California.
Here is the answer that you probably don't want to hear:
)
I usually advise my own clients facing this choice that the bankruptcy should be done and finished prior to marriage. Given the assets that you have, it would be risky to marry him before he has resolved his own personal debt issues. In addition to asset issues, the court will also take your income into account when deciding whether he has too much income be allowed to have a bankruptcy.
You should consult with a local bankruptcy lawyer right away, (hopefully a lawyer who is a true specialist - not a dabbler) for further guidance before making any final decisions about what to do.
I hope things work out and get cleared up for you real quickly, and that afterwards you will have a long and happy marriage. You deserve the best, so don't be hasty. It probably took years to dig himself into the present financial hole - be prepared to slow down and give him 3 or 4 months to dig himself out before tying the knot!
If you or other readers want to keep up with my blog postings about life in and out of bankruptcy, you can follow my blog at http://www.bankruptcyblogger.org/ and my personal web site at http://www.debt-relief-bankruptcy.com and A Human Guide to Bankruptcy at http://www.thebankruptcyguide.net/
Related Articles
Answers by Expert:
Los Angeles Bankruptcy Lawyer Leon D. Bayer
Expertise
Leon Bayer has successfully represented clients in bankruptcy for over 30 years. He is frequently called upon by the media, the California Bar and other associations to provide insight and help educate attorneys on bankruptcy issues. If you or other readers want to keep up with my blog postings about life in and out of bankruptcy, you can follow my blog at http://www.bankruptcyblogger.org/ and my personal web site at http://www.debt-relief-bankruptcy.com and A Human Guide to Bankruptcy at http://www.thebankruptcyguide.net/ Leon also writes about bankruptcy law for Nolo, see http://www.nolo.com/law-authors/leon-bayer.html and his "Ask Leon" bankruptcy law blog column at http://blog.nolo.com/bankruptcy/
Experience
Leon is a Certified Specialist in Bankruptcy Law by the State Bar of California, and has been a practicing bankruptcy lawyer in Los Angeles, California for 33 years.
Organizations
National Association of Consumer Bankruptcy Lawyers, California Bar Association, Los Angeles County Bar Association.
Publications
Author, ?The Essentials Of Chapter 13,? Daily Journal Report, December 18, 1987.
Contributing Editor, Basic Bankruptcy, California Practice Handbook, Matthew Bender 1992, 1993.
CEB Consultant, CEB-Personal and Small Business Bankruptcy Practice in California, 2003.
Education/Credentials
B.A., J.D.
Awards and Honors
President, 1995-1996-Los Angeles Bankruptcy Forum; Member - Los Angeles County Bar Association Committee on Commercial Law & Bankruptcy, 1988. Law Advisory
Commission-Personal & Small Business Bankruptcy Law of the State Bar of California, 1996-2000
MR. BAYER SAYS: The big banks and credit card companys have been working overtime for many years to undermine the Consitutional right of the American people to be able to claim bankruptcy protection. In 2005 the banking lobby successfully convinced Congress and the President to make the laws and proceedures more complicated, hopeing that it will stymie legitimate people from filing bankruptcy. They succeeded in gaining these complex new legal proceedures by greasing the legislative system with hundreds of millions of dollars in "campaign contributions." The good news for the American people is that while the new laws have made the proceedures needlessly complex to the point where inexperienced people can't help but trip over the maze of new rules and regulations, the process is still doable, especially with a lawyer who is well trained and experienced in this specialty.
Past/Present Clients
I have probably handled something on the order of about 15,000 bankruptcy cases thropughout my career.
©2012 About.com, a part of The New York Times Company. All rights reserved.