My wife filed bankruptcy 1 year before we were married. Does that mean that I cannot file now?

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My wife filed bankruptcy 1 year before we were married. Does that mean that I cannot file now?

My wife filed bankruptcy 1 year before we were married. I am trying to file now because of numerous debts and a job loss. Does that mean that I cannot file now because we are married and she filed prior to our marriage?

Asked on May 26, 2009 under Bankruptcy Law, Oregon

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

This might well prevent you from filing jointly, right now, but I would think that you should be able to file an individual bankruptcy.  The answer might well depend on some other facts that you haven't mentioned. So, please, talk to a qualified bankruptcy attorney in your area.  The answer to this question is important, and you should provide the lawyer with all of the facts of your situation, to get reliable advice.  If you don't already have an attorney, one place to look for one is our website, http://attorneypages.com


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