Expert: Terry Leeders - 9/8/2007

Question
My now wife filed chapter 7 bankruptcy on January 9.  We were married on May 14.  The bankruptcy court date is September 10. Can my income and assets be used in the bankruptcy case?  The attorney drug his feet on getting this into court before marriage will this bankruptcy stay be from January 9 or August 9 when the attorney finished it?

Answer
Bankruptcy cases factor in all household income that a debtor receives from all sources, so your income may be factored into the case depending on your exact situation.  The case is effective as of the date the case is filed. Chapter 7 cases tend to last 90-120 days total from the date of filing.  Chapter 13 cases last 3-5 years.  The automatic stay goes in to effect as of the date of filing the case (unless there were multiple cases in the last year)