Will my future husband's income be considered when I file for bankruptcy? - Bankruptcy Law Questions and Answers- LawQA.com

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Will my future husband's income be considered when I file for bankruptcy?

I am a 60 year old widow planning to remarry in Dec. Filing bankruptsy as I have $24000.00 in credit card debt. Will my husband's income be considered?

Answer By Frances Ruiz
Ruiz Law Group, P.C.
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Not your while your fiance remains just that. Once he is your husband his income is considered.

Answer Applies to: New York
Replied: 11/10/2011

Answer By Paul Stuber
Paul Stuber, Attorney at Law
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Yes, it does if he is presently part of your household.

Answer Applies to: Colorado
Replied: 11/9/2011

Mercado & Hartung, PLLC
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Yes, it is going to be considered for the Means Test.

Answer Applies to: Washington
Replied: 11/9/2011

Answer By Shane Coleman

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If you are single the day you file for bankruptcy, then your future spouse's income will not be considered.

Answer Applies to: Washington
Replied: 11/9/2011

Charles R. Nettles - Attorney at Law
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It will not be considered until you actually marry him for purposes of the Means Test. For purposes of deciding whether your case is an abuse of the Code based upon your family income pre-bankruptcy vs. post-bankruptcy, it can and will figure into the bankruptcy when you have to show total household income and total household expenses. His expenses also are a part of those household expenses. Depending upon where you reside, any income either of you receive from Social Security may or may not be considered as a part of your household income. Social Security is never counted on the Means Test.

Answer Applies to: Texas
Replied: 11/9/2011

Answer By Phil Boardman
Philip R. Boardman, Attorney at Law
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Household income is considered whether you are married or not. If he is not in the household then his income is not considered.

Answer Applies to: Virginia
Replied: 11/8/2011

Bankruptcy Law office of Bill Rubendall
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If a single person files bankruptcy they do not have to disclose a fiancee's income.

Answer Applies to: California
Replied: 11/8/2011

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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Marry him after you file for bankruotcy.....BUT - If you are living together now and sharing funds the court will look at his income anyways.

Answer Applies to: California
Replied: 11/8/2011

Answer By Robert S. Cohen
Cohen & Kendziorra, P.A.
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Yes, your husband's income is factored in to determine your eligibility to file Chapter 7 bankruptcy but the look back period would be 6 months. If you marry in December and file in February, then it would only be 2 months as opposed to 6 months. If you can qualify now for a Chapter 7 bankruptcy, then I would file prior to marrying him.

Answer Applies to: Florida
Replied: 11/8/2011

Grace Law Offices of John F Geraghty Jr.
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He should offer to pay your debts off at .30 on the dollar

Answer Applies to: Georgia
Replied: 11/8/2011

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