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If you're filing bankruptcy based on debts incurred before your marriage to your current spouse do you have to make your current spouse party to your bankruptcy?
Wiki User
∙ 18y ago
No, debts that are incurred before a marriage do not become the responsibility of the new spouse.
Wiki User
∙ 18y ago
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If inder chapter 13 and a new bill from current is going for a law suit can it be added to the chapter 13?
Question is unclear but - any debts which you incurred before bankruptcy filing but were not presented until AFTER your bankruptcy petition is accepted, are subject to the bankruptcy. HOWEVER - after the bankruptcy has been filed, you may NOT go out and incur NEW debt. Any newly incurred debt will NOT be protected by the bankruptcy shield.
Are there prenuptials if the person you plan on marrying filed bankrupcty?
If what is meant by "prenuptials" is a guarantee that a new spouse will not be affected by a bankruptcy discharge made by their husband or wife before the marriage, then no there is not such a thing. A spouse is not directly affected by a bankruptcy incurred before marriage by their partner. The exception being the effect it might have on the couple when applying for joint credit.
What if the debt is incurred after the bankruptcy filing but before the bankruptcy discharge?
When an individual files for bankruptcy, he/she must list down all the creditors and debts that they have. If the bankruptcy has already been filed and the individual has incurred new debt but has not yet been discharged by bankruptcy, that new debt is not included in the bankruptcy discharge. For an official opinion, it is advised you seek legal counsel. It is really important to seek legal advice from the expert about filing for bankruptcy.
Is a wife responsible for debt made by her husband before marriage in the state of Florida?
No. A spouse is not responsible for their spouse's debts that were incurred prior to marriage. The only debt that can be shared post-marriage that was incurred pre-marriage would be debt on an account that you became a joint account holder on after marriage.
Are you responsible for your spouses debts incurred before marriage in or?
Only if you signed as a co-guarantor. Otherwise, no.
If you own two rental homes in Texas will they be in jeopardy if your fiance has to file bankruptcy on debts he incurred before the marriage?
First, no question about it, being married to someone who then files bankruptcy, or has financial issues, can certainly affect you in many ways. I believe (but am not sure) Texas is a community property state. I which case you can definitely have more problems, as each of your assets and liability easily become community assets, and these would logically be part of the bankruptcy. There are ways, albeit it takes a certain amount of action ( prenupts, separate bank accounts, etc.,) before and during the marriage, to keep your assets as "sole & separate". Good lawyerly advice is needed. * Real property that is owned before marriage does not become part of joint marital property unless the title is changed to include the new spouse. Debts incurred before a marriage do not become the responsibility of the new spouse even in a community property state such as Texas. Joint marital assets will be subject to bankruptcy procedure in a CP state even if only one spouse files for bankruptcy.
Can a debt be discharged in a no asset chapter 7 if it was incurred a few weeks before the filing?
For the most part yes. The only problem you could run into is if the creditor involved believes that you intentionally incurred the debt with the intention of then filing bankruptcy. If they can prove this the debt is determined to be bankruptcy fraud and nondischageable.
Could creditors claim from a deceased estate if bankruptcy of the recently deceased occured 20 years ago?
The events from before the bankruptcy filing or discharge make no difference to anything incurred after. It is not a lifetime forgiveness!
In the state of Indiana can a husband be held legally responsible for medical bills incurred by his wife while married?
No, debts incurred before marriage do not become the joint responsibility of a new spouse.
If was a judgment against your wife before you got married will that affect you when selling your home?
Any debts incurred by a person before marriage belong to them entirely, and will not affect the other spouse.
Would a spouce be responsible for the other spouces debts incurred before marriage?
No, however if you hold any joint assets, before or after marriage, such as a home, car or bank account they can be garnished or levied by the creditor regardless of who else is named on the asset.
Is the wife responsible on husband debt if incurred before marriage in mo?
No you are responsible for his debt prior to marriage. Keep in mind that each come to the marriage with their own personal credit history. You are only responsible for joint accounts. Credit obtained in both names.
