Q: Emergency Chapter 7: Since filing three additional garnishments have been taken also what happens if married during
We need to know what to do for garnishments and can we get this money back? Because I take care of most of his business due to the nature of his job we are running into an issue because we are not married yet. Can we marry prior to the discharge of his bankruptcy.
A:
It is highly recommended that you contact a bankruptcy attorney. You have several issues here and each of these issues has consequences (good and bad) that can impact the bankruptcy proceeding. This is a brief and general breakdown of your issues.
(1) Garnishments. Bankruptcy will stop almost all or all garnishments, but you will not be able to get the money back for money already garnished (unless the garnishment was improper).
(2) Marriage. You can get married while in bankruptcy, but this will have significant legal consequences due to the merger of finances associated with marriage. It is for this reason that most people do not marry during bankruptcy and wait until AFTER bankruptcy. That said, if you are already listed on most loans, listed on the title of property, and living together the effect may be mitigated.
Again, you should consult with a bankruptcy attorney to review your situation and provide tailored advice.
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