Can a postnuptial agreement make a no asset bankruptcy a safe option for me? I have huge premarital debts. All assets are in

Asked about 1 year ago - Miami, FL

wife's name. I have thought of filing for bankruptcy before, but she has always been worried about her assets being questioned. If we get an attorney to draw up a postnuptial agreement which clearly says all assets are hers and all debts are mine, would this allow for me to safely and successfuly file for chapter 7 no asset bankruptcy?

Attorney answers (4)

  1. Kevin Christopher Gleason

    Pro

    Contributor Level 15

    9

    Lawyers agree

    Answered . If this neat little trick worked, by itself, I suppose I could stand on the corner outside of the bankruptcy court and sell these forms. This sort of over-intellectualizing by non-attorneys is what makes complex situations all the more complicated because a non-lawyer will hear something from her hair dresser and believe that the simple solution will work. Your situation is complex enough without adding layers to it. You need to set up a conference with a competent bankruptcy counsel and avoid seeking anonymous piece-meal advice here.

    Posting questions anonymously and receiving general answers do not substitute for consulting with an attorney... more
  2. Scott Benjamin Riddle

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . It would likely do no good at all and be a waste of money and paper, and might just make the Trustee take a closer look. Transfers and transactions just before filing are even worse. If these are important questions, the person to ask is the lawyer you meet with to discuss your filing. Based on your post, the lawyer will also have questions for you. Meet with a couple and choose one.

  3. Michael Avanesian

    Pro

    Contributor Level 16

    6

    Lawyers agree

    Answered . If you have assets to lose, why are you trying to save a few thousand dollars? Get an attorney that can analyze the facts and circumstances of your case and that will help you 1. retain your assets and 2. keep you out of jail.

    I personally prefer mid to high end priced attorneys so you avoid many of the mill ones.

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may... more
  4. Diane L Gruber

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . I agree with all the previous attorneys. I just want to add: Invest in a consultation with a bankruptcy attorney or two before you do ANYTHING. Good luck.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more
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