I am getting married in Missouri in May. I am in process of Bankruptcy. Can debtors come after soon to be spouse.

Asked over 2 years ago - Kansas City, MO

If bankruptcy is not discharged by wedding date. Can my spouses credit be hurt by my debt.

Attorney answers (3)

  1. Shannon E Wynn

    Contributor Level 14

    8

    Lawyers agree

    Answered . If you are a no asset case and your case is filed already, you should have no problem obtaining a discharged by your wedding, if the case is routine. Also, the assets the bankruptcy court is concerned with are those that you have when you filed (this would not include your soon to be spouses property). Your debts are your own and would have been incurred prior to your marriage which is called individual debt; however, depending on your states property laws, the debt you incur after marriage may be joint. One note of caution, as you don't have a lot of time, hire an experienced lawyer - if your case gets dismissed you may not have time to refile. Good luck and congratulations!

  2. Dorothy G Bunce

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . As a general rule, creditors can only "come after" a person if they have a contract stating that someone has agreed to be legally bound to pay the debt. Your new spouse may be responsible for your debts made after you get married by law but not for debts made before you got married or that were listed in your bankruptcy.

    If you apply for credit together in the future, it is possible that a mistake could be made & your bankruptcy could migrate to your new spouse's credit. Should that happen, it is a mistake & a dispute should be filed with the credit bureaus.

    Hope this perspective helps!

  3. Derek R. Caldwell

    Pro

    Contributor Level 18

    7

    Lawyers agree

    Answered . I agree with Ms. Wynn and Ms. Bunce. the short answer is no, this sould not affect your spouse and if for some reason it does show up on his credit report, he should dispute the erroneous reporting on his credit. Your debt prior to the marriage is your sole debt, just as his debt prior to the marriage is his debt, not yours.

    DISCLAIMER: This message is intended as a general discussion of legal issues and not as a statement of fact, legal... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,588 answers this week

2,591 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,588 answers this week

2,591 attorneys answering