Legal Question in Bankruptcy in Minnesota

New Marriage

My Fiance and I want to get married but he needs to file bankrupcy first. He just file in 04 so does that mean we have to wait 2 years before he can file? I make a lot of money and have really good credit. Is there anyway we can get married now and he can file without it affecting me as his new wife?


Asked on 9/15/08, 3:14 pm

2 Answers from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: New Marriage

actually, since he filed in 2004, he has to wait until 2012 to file (it's 8 years between chapter 7s thanks to the new law that came into effect in 2005). If you got married that would impact his ability to file chapter 7 because your income is looked at jointly even if you don't both file. You should consult a local bankruptcy attorney about this.

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Answered on 9/15/08, 3:37 pm
Sam Calvert Calvert Law Office

Re: New Marriage

He may be able to file a chapter 13. There are some timing issues. If he filed a chapter 7 in 04 he would not be eligibile for a discharge in a chapter 7. I would want to go through a calculation of your incomes and your expenses, together and separately, to see how it worked out.

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Answered on 9/15/08, 11:15 pm


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