Legal Question in Bankruptcy in Illinois
Getting Married before Bankruptcy
I am unemployed and have about $19,000 in debt. I want to file Chapter 7; however, because of a large settlement in 9/2004, a lawyer advised me to wait. My fiance and I were planning on getting married in 7/2005, but what will the consequences be if we get married in July and I file for bankruptcy in late Sept./early Oct.? Will he ''inherit'' my past debt or is my debt mine? Will he become responsible for my debts?
2 Answers from Attorneys
Re: Getting Married before Bankruptcy
If the debts are in your name and your fiance does not have his name on any of the debt then the debt belongs to you only and it does not attach to your fiance. Also, you should consult an attorney as soon as possible since legislation was just signed into law which changes the bankruptcy laws.
Re: Getting Married before Bankruptcy
Your future husband is not responsible for your debt. I would recommend that you file a 7 as soon as possible. Why wait??
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