I have recently filed for chapter 7 bankruptcy. I am also engaged to be married in 3 weeks. ?

as long as your business accounts and your personal accounts are seperate completely, than they can't touch your business accounts. they will not be able to touch your fiance as he is not responsible for your debts. however, to keep it that way, you need to keep all of your accounts completely seperate. this means that your name cannot be on any of his accounts. this will protect his assets from any potential garnishments.

where this will affect him is when and if you guys go for a house. if you do, with you on the mortgage application, he will most likely have to keep you off the app, as your credit score and bankruptcy is going to sink you…at least for the next 4 years.

do her a favor a sign a prenuptial agreement whereby she is not responsible for your financial mess. creditors can and will try anything to get their debts repaid, though technically anything you did before is yours and what you both after being married belong to you both. Hopefully you've been totally honest and transparent about your finances with her.

I would check with your attorney, but I don't believe the Chap 7 or 13 will effect your finance's credit in any way. I filed while married and my wife has had no effect on her credit. Good luck on getting the Chap 7. very few people will get a Chap 7 most end up with a Chap 13.
I'm not sure about your tax problem though. I have a feeling the IRS can & will go after your new wife.

Any debts that you have prior to your marriage will not be carried over as a joint debt after marriage. Bankruptcy does nothing to change that. So you have no worries that your bankruptcy will effect your fiance.

Please, speak to an attorney. I will provide my opinion, but it is just that: my lay opinion. Nothing I say here is intended or should be construed as legal advice. You paid nothing for this answer, and I will hope that you are not being overcharged.

941 are employer withholding and employment taxes. Your business is responsible for paying them. By your question, I assume that your business was either a partnership or sole proprietorship. Even if your business was a corporation or LLC, you could be held personally responsible for repayment of these taxes, since you were a manager of the business.

Having said that, your first order of business is to keep ALL of your finances separate from your new spouse. No joint checking accounts, no joint credit cards, etc. Since the two become one during a wedding, your new wife will feel some of the pain, because money that you could have spent on your life together will have to be used to settle these debts.

You might consider asking your BK attorney to try to negotiate a settlement with the IRS, in order to reduce your liability. If your BK attorney is not qualified to do this, find a tax accountant who can.

As long as you keep your finances separate from your fiance/new wife, no one should be able to go after her separate property. Since you filed CH 7 bankruptcy, only certain creditors are able to pursue you.

I'm not sure why you are not filing bankruptcy for your business, unless it is a separate entity (LLC or Inc.). The fact that you are stuck owing for 941 taxes doesn't seem to fit your scenario.

If I were in your shoes, I would try to set-up the payment plan before the wedding, so that I would not have to disclose my wife's income. Having her keep her income and assets separate may help, but the IRS may not see it that way.

Any business debts that you incur after your marriage could ultimately be attachable to your spouse, unless you are very careful. I would suggest immediately converting to an LLC or a corporation, in order to shield her and yourself from liability.

This is about all I can give you based on the limited amount of information you provided. Let me know if you have additional questions.

Anything you try to do jointly will be affected. She faces a much high chance a denial or in the very least a high interest rate if you try to get a joint loan or credit card. If you get a joint bank account (savings or checking) the IRS may go after that if you are not vigilant on making your payments.

I would speak to an attorney in regards to the discharge being filed and your marriage. The fact that it has not yet been granted may change the details of your bankruptcy case once you get married. Proceed with caution.

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