I filed for bankruptcy in November. My court date with bankruptcy court is in January of 2009. My fiance and I wanted to get married in December but I am afraid to marry him before the court date. I don’t want to take the stand and state my new last name with fear this will affect his income in some way.
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Just to make double sure I asked a bankruptcy lawyer friend of mine. Here is what they said.
“You did not say if you had filed a chapter 7 or chapter 13 bankruptcy. I’m guessing that you filed chapter 7, and if so, then have no fear! Your bankruptcy filing will never impact your husband’s credit report or score, it will only affect your own credit report and score. The only exception would be if the two of you had any joint debts, which I’m guessing you did not.
As to what name you announce, you take your husband’s name by useage, not by law. Simply because you are married does not mean you cannot answer to your maiden name or continue to use your maiden name, that is your choice.
If you filed a chapter 13 case, then the answer becomes more complicated. Your new husband’s credit still will not be affected, but his income and financial support of the household may become pertinent. If this is the case, you should talk to your lawyer about your situation and any possible ramifications. Otherwise, don’t worry, enjoy your wedding and best wishes for a fresh start and a bright financial future!”
I hope that helps to eliminate your fear and go ahead with your wedding. Congratulations of the upcoming nuptials.
Trudy is Worried About Getting Married Before Her Bankruptcy is Completed by Steve Rhode