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Second time bankruptcy/Marriage

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Mamabear2003

Junior Member
What is the name of your state (only U.S. law)? NY

Hi all. I'm about to become married to a person who needs to file bankruptcy for the second time, unfortunately, due to over 80K in medical bills from surgeries and such. He filed bankruptcy about 10 years ago due to credit issues.

I'm lost on how all this will effect us getting married (my credit, his credit, our credit) and also, can he even file for a second time? If he can't, does his debt to these physicians become mine as well and will it in turn knock my score down.

Regardless, we are getting married, I'm just wondering if anyone can give me some insight into this. All the help is appreciated. Thank you.
 


Who's Liable?

Senior Member
What is the name of your state (only U.S. law)? NY

Hi all. I'm about to become married to a person who needs to file bankruptcy for the second time, unfortunately, due to over 80K in medical bills from surgeries and such. He filed bankruptcy about 10 years ago due to credit issues.

I'm lost on how all this will effect us getting married (my credit, his credit, our credit) and also, can he even file for a second time? If he can't, does his debt to these physicians become mine as well and will it in turn knock my score down.
He can file for a second time for either a 13 or 7 due to being over 10 years from his previous one. It will affect your credit somewhat, depending on what exactly you are trying to finance. Since the debt was accrued before you were married, they will remain solely his, and the creditors cannot legally come after you. However they most likely will.

I would however recommend he files and gets his discharge BEFORE you get married.
 

bigun

Senior Member
You may file a Chapter 7 8 years after a prior Chapter 7 filing.
I'd agree with the previous post.
Don't marry or move in together until, his bk is discharged. It'll be a lot cleaner and neater that way.Don't comingle finances. If you are married or sharing a HH, your income will be taken into account for means testing purposes and could push him into a Chapter 13.
It'll not affect you after marriage except, your income and credit will have to be enough to carry the day should you need to finance a car or home at reasonable rates.
 

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