Legal Question in Bankruptcy in Indiana

Pre-Marriage Bankruptcy

I will be getting married in July. My fiancee just told me that his ex-wife is going to file bankruptcy and that her creditors will come after him to pay the debts.... is this true? He now wants to file bankruptcy so that he will not be responsible for her debts, which are well into $10,000. If he does this, will it affect me in any way? What will he lose if he files bankrupty? Is this his only course of action, or is there something he can do to not be responsible for his EX-WIFE's debts?


Asked on 6/17/03, 4:25 pm

2 Answers from Attorneys
John Cook Dunn & Cook

Re: Pre-Marriage Bankruptcy

What your fiance is saying may very well be true. If there are joint debts left over from their marriage, and she does not pay them, then the creditors can go after your fiance, even if the divorce decree said the debts were hers to pay. If the debts are not from their marriage,I do not see how your fiance would be liable on them.

As far as affecting your credit, if your fiance filed bankruptcy it should not affect your credit at all. However, it probably will effect your combined credit standing if you decide to both get a loan or mortgage together.

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Answered on 6/17/03, 4:33 pm
Eric Southward Southward & Haggard

Re: Pre-Marriage Bankruptcy

Further, it depends upon the agreement that he had with his ex-wife in the divorce property settlement agreement. If the debts were joint and she was ordered to pay them, doesn't pay them, AND files bankruptcy on him and these debts, there may be a way for him to file an action against her in her bankruptcy to prevent her liability from him from going away. Please see a bankruptcy/family attorney regarding this.

The other question is if she hasn't been paying the debts and he hasn't been paying them, then how badly has his credit been harmed. He may want to review a credit report to see.

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Answered on 6/17/03, 4:55 pm


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