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When ok to get married and not be penalized by bankruptcy?

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oakesrj

Junior Member
Indiana. My fiance and I would like to get married and have but we haven't since he needs to declare a Chapter 7 bankruptcy. We fear that if we get married before he does that he will be placed into a CH 13 d/t my income. Are our fears valid? When can we get married. He is currently just trying to come up with the money for the bankruptcy.
 


bigun

Senior Member
Once his bk is discharged, his personal and financial issues are his own business.
Yes, your fears are valid since a spouses income is used in the matital adjustment for means testing purposes. It may or may not affect whih chapter he files since, expenses and dets of the non filing spouse are deducted to determine if there is disposable income to fund a Chapter 13.
Have you asked a bk attorney this question?
 

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