I’ve had many, many clients come in for consults who aren’t married but intend on filing an individual case. Perhaps they’ve been married for decades…maybe they just got married a couple of days ago. Sad news is…the spouse’s income counts. That goes for no matter how long you’ve been married be it long or short…or even if all the debts are separate. “Whoa” they say…that’s unfair…none of that debt is even his (or her’s)…..that’s “not fair”. Fairness my friends often has very little to do with how the law works.
Moral of the story…if you’re single and thinking about getting married…and lots people determine they need to file a bankruptcy case so they aren’t dragging a bunch of old debt into the relationship…talk to your bankruptcy attorney before you do anything about “tying the knot”. Once you’re married…then the income counts…no matter what.
If you’ve got questions about consumer or small business chapter 7 & chapter 13 bankruptcy we can help.
Kingsbury Law Office–Apple Valley and Rochester, MN