MY f'ing lawyer (I'm furious)

[dealingsdone]

Well I was supposed to be in bk chapter 7 about 6 weeks ago. I just got married 2 weeks ago. I come to find out my incompetent lawyer never filed my papers although he point blank told me twice that he did.

THE PROBLEM: Now at least in theory I'm supposed to file a joint bk with my brand new wife who had absolutely nothing to do with these debts. I can tell you now, that is not going to happen but I still intend on going bk.

THE QUESTION: I'm planning on going to the bk court in my state and never mentioning my brand new marriage (conducted out of state). What are the chances I'm going to get busted on this?? About now, I feel like choking this lawyer and I'm very tempted to go to the bar and make trouble for him, as he knew exactly how critical it was that the papers be filed before my marriage. One thing that might stop me is, if my bk is approved he could later tell the court I was married and maybe somehow cancel my bk.

Any advice is appreciated,

Dealingsdone

[BigJohn]

Interesting question.

Marriages generally 'surface' when one of the married parties make it known, generally to creditors.



If you do go along with the bankruptcy, I would get married locally.

[OhioFiler]

I certainly wouldn't encourage you to make false claims on your petition. The results of exposure could be severe.

Were you living together prior to the marriage?

[HHM]

Now at least in theory I'm supposed to file a joint bk with my brand new wife who had absolutely nothing to do with these debts.

What gives you that idea? It is completely not true.

Were you living with your spouse before you got married? The marriage doesn't mean your spouse is suddenly going to be a debtor in bankruptcy. However, the bankruptcy court does look at "household" income and expenses in determining if you qualify for chapter 7. Unless your spouse makes a lot of money, you are over reacting.

[dealingsdone]

What gives you that idea? It is completely no true.

Were you living with your spouse before you got married? The marriage doesn't mean your spouse is suddenly going to be a debtor in bankruptcy. However, the bankruptcy court does look at "household" income and expenses in determining if you qualify for chapter 7. Unless your spouse makes a lot of money, you are over reacting.

Thanks everybody for the comments.

My spouse was not living with me prior to marriage. She earns no money.

I'm just pissed that the man that is supposed to be helping me, left me so damn vulnerable, when I clearly told him this HAD to be filed before my marriage. He lied to my face about that and it is too late now since I'm married. I really don't want to involve my wife in this paperwork at all, because she never expected to have to be any part of my bk.

[2manybills]

Thanks everybody for the comments.

My spouse was not living with me prior to marriage. She earns no money.

I'm just pissed that the man that is supposed to be helping me, left me so damn vulnerable, when I clearly told him this HAD to be filed before my marriage. He lied to my face about that and it is too late now since I'm married. I really don't want to involve my wife in this paperwork at all, because she never expected to have to be any part of my bk.

I think you are still okay. I would change your paperwork to reflect that you are married. If anything it changes your exemptions because there are 2 people in your household now and your wife is not working. IMO it is not worth the risk of not disclosing everything.