filing bankruptcy when married
Question about bankruptcy. Rewritten to more clearly explain situation. Thanks.?
Quickly:
I owe 50k in total debt. 27k is student loans, 2k taxes & 3k is to my parents. So only 18k would be eligible if I file bankruptcy.
I live in NYS. I had an apartment, but moved back to my parents house last year when I lost my good job. I am now working part-time in a retail sales job. Making only 8.50 an hour. I keep applying to real jobs every week, But so far no luck.
My boyfriend knows about my financial situation & he loves me but is not able to financially pay my debt. & he shouldn’t. It’s mine. Also, we have discussed marriage.
The thought of filing bankruptcy has always been in the back of my mind, but was only brought to the front, last week when my dad suggested it to me because he is tired of all the collection calls that come to the house.
Anyway,
1. What happens to my parents home or income if i file?
&
2. If I file as a single person, and then we get married, and I change my name, can the creditors come after my new husband?
Thanks!
1) Your bankruptcy has no affect on your parents property or income.
2) Debts you entered into prior to marriage can not be held against your husband, assuming it is not an open account from which your husband could benefit after marriage. Jointly owned savings or property, however, could be used to satisfy your debts.
