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Author:   Jay
Date:   January 13, 1999
Question:   If I File Bankrupcy then if I get married within the next year...What will happen to my spouse? Will she be affected due to my personal claim of bankrupcy?
 


From:
 

Shane Brenneis, Collins Barrow Limited
Date:   January 14, 1999
Answer:  

A spouse can be affected by your bankruptcy in two ways:

  • if she is also responsible for the debt, the creditors can then pursue her for the debt. If she is not responsible, they can not pursue her just because you got married. She has to be legally responsible.

  • an individual filing bankruptcy must report their income to the Trustee and if you have surplus income, which is based on the size of your family, a payment must be made to the Trustee. Once you are married, you must report the family income to the Trustee.

This area of surplus payments can be fairly confusing, so if you have any questions please call me at (403) 298-1575.

Shane Brenneis




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