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

UPDATED: May 26, 2009

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UPDATED: May 26, 2009Fact Checked

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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


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

Answered 13 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,

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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