Legal Question in Bankruptcy in California

My fiance filed a chapter 13 one year ago and has two years lesf to pay his agreement. We are getting married. Do i have to tell the trustee? can they find out if I don't tell them? I just don't want to get my finaces involved...


Asked on 3/06/11, 7:42 pm

1 Answer from Attorneys

Tony Carballo Carballo Law Offices

Just keep separate finances until he completes the plan and gets the discharge. You are not responsible for his debts even after marriage so long as you commingle your icome with his. You may want to sign a pre-nuptial agreement stating that you will keep separate property. Since there will be no additional income to your fiance it will make no difference in the Chapter 13 case if he is married or not. Your fiance may have to give the trustee the income tax annually and the trustee will know that he got married if you file a joint return or he files as married filing separate. Those would generally be his options after getting married (and your choices too).

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Answered on 3/06/11, 9:21 pm


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