What Happens If I Get Married After I Have Filed For Bankruptcy

2011-09-05

Hello, Your bankruptcy would not show on your spouse's credit report, however, they could be affected if you have joint debt - e.g. companion credit cards, co-borrowers on a loan.  If you have joint debt, your spouse would remain liable for those particular debts. The Trustee will not have an interest in assets that are owned by your spouse.  However, there are potential issues that could arise.  For example, in Manitoba people often host a social for the couple getting married.  This would result in a "windfall" or gift of cash for the couple and the Trustee may potentially have an interest in one-half of such funds. The Trustee must monitor the monthly income and expenses of the bankrupt's household.  This would include the income of your spouse assuming you are residing together and may result in you having "surplus" income.  The concept of "surplus" payments in bankruptcy is mentioned throughout our website. The best thing to do is contact a Trustee in your local area and have a discussion of your unique situation. Brad Milne, CIRP Trustee in Bankruptcy

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