Home > Research Legal Advice > Bankruptcy / Chapter 7 > I am getting married in Missouri in May. I am in process of Bankruptcy. ...
Asked over 1 year ago - Kansas City, MO
FlagIf bankruptcy is not discharged by wedding date. Can my spouses credit be hurt by my debt.
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!
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!
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.
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