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Do we have to postpone the marriage till my fiance chapter 7 discharge, or it is ok to get married after she files the chapter 7

Los Angeles, CA |

fiancée planing to file BK Chapter 7 before marriage, can we get married after filing or should wait till after discharge

Attorney Answers 4

  1. You can get married after she files ... you don't have to wait until the discharge.
    Practically speaking, however, I would wait until after the 341(a) Meeting of Creditors (approx 30 days after filing) because she will be required to disclose her change in circumstances to the Trustee.

  2. Should not be a problem. If you are now living together, there may be some means test issues, regardless of your marital status on the date of filing.

  3. I agree with Mr. Whitaker. BUT, it you are living together YOUR income will be considered in whether or not she passes the means test. Consult with BK attorney to have the numbers run. Good luck.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

  4. Get married whenever you like it is the status as of the filing date that is important not the discharge date. Good luck in life and marriage.

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