Dayton, OH asked in Bankruptcy for Ohio

Q: My fiance and I want to get married. She has filed recently and is waiting on her 341 meeting. Can we get married now?

Filed last week. 341 meeting in late August. No joint debt.

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1 Lawyer Answer

A: The best source of advice on this issue is your fiancee's bankruptcy attorney.

Eligibility for Chapter 7 bankruptcy is based on income during the six months preceding filing, However, there are potential complications that should be discussed with the attorney handling the case. For example, the trustee could suspect that the timing of the case and the marriage was intended to circumvent bankruptcy laws (if your fiance would not have been eligible to file had you been married on the date of filing). Get advice before you make any changes.

*Kevin Chern is Managing Partner of UpRight Law, a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is an Illinois licensed attorney with 21 years of federal consumer bankruptcy and consumer protection law experience. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.

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